Railways cannot deny compensation to those who fall from overcrowded trains: HC

Railways cannot deny fee of a good and cheap compensation to passengers who die or undergo accidents as a result of they’d no selection however to journey standing close to the doorway to the coaches and peep their heads outdoors due to overcrowding in Electric Multiple Units (EMUs) operated with out doorways, the Madras High Court has dominated.

Justice S.M. Subramaniam held that the compensation might be denied provided that the passengers had supposed to get damage or commit suicide whereas travelling in trains. However, if the accident had taken place due to mere carelessness or negligence of the passengers in overcrowded trains, then the Railways can be vicariously liable to compensate.

The verdict was handed whereas ordering a compensation of ₹8 lakh with 6% curiosity to the household of a day by day wager whose head bought smashed on a lamp submit whereas he was travelling in a EMU between Perungkalathur and Tambaram railway stations on April 28, 2015. The passenger was in possession of a legitimate month-to-month season ticket and due to this fact a bona fide passenger.

“A passenger standing near the door would not anticipate an accident. The peculiar circumstances prevailing in our great nation on account of huge population are also to be borne in mind before arriving at a conclusion regarding the injuries caused. If an accident occurs while standing near the door or while boarding a moving train, the same cannot be construed as self-inflicted injury,” the decide stated.

He went on to state that duties and obligations of the Railway officers too must be considered for the aim of ascertaining their contributory negligence. “Undoubtedly, passengers are anticipated to comply with the Railway guidelines. However, it will not be attainable by the passengers of the prepare to perceive the whole guidelines and laws which will not be out there in each coach.

“It is the obligation of the officers to be certain that the passengers comply with such guidelines scrupulously. Railways are having safety power. Railway Police are there. Various officers are employed in trains… When those officers aren’t performing their duties and obligations to the anticipated stage, in order to be certain that the railway laws are adopted scrupulously, contributory negligence and carelessness on the a part of the Railways has to be fastened.

“When the railway officials are issuing tickets over and above the capacity in unreserved coaches, they are also certainly contributing for such carelessness and negligence. In those circumstances, these facts and circumstances are relevant for the courts to arrive a conclusion whether the injury or death happened on account of mere negligence and carelessness or an intentional injury,” the decide concluded.