Supreme Court: Railways to pay compensation to passengers if they dies during Boarding or De-boarding the train

Must Read

WhatsApp Emails Delhi HC Judge Asking Her Not To Hear the Plea Challenging New Privacy Policy

The Delhi High Court raised strong objection to an E-mail sent by WhatsApp asking a judge not to hear the plea which challenges its new privacy policy. Justice Pratibha Singh said that the e-mail that was withdrawn later was totally unwarranted as she was anyway going to recuse from hearing the plea which was filed by Rohilla Chaitanya who contends that the new privacy policy of WhatsApp provides 360-degree access to a customer’s virtual activity and is against the fundamental right of privacy.

TRP Scam Case: Bombay HC Extends Protection To Arnab Goswami and Other Employees Till the Next Hearing

On Friday, the Bombay High court extended the protection that was given, to Republic TV’s Editor in Chief Arnab Goswami and other employees of ARG Outlier Media Private Limited till January 29th in the alleged case of Television Rating Point manipulation. A status report was submitted by the police to the division bench of Justices S.S.Shinde and Manish Pitale by the Police on the ongoing case.

Plea Seeks FIR Against Maharashtra Minister Dhananjay Munde in Bombay HC for False Info

A plea has been filed in Bombay High Court seeking an FIR against Maharashtra minister Dhananjay Munde who is undergoing times of trouble due to his extra-marital affair. Recently, an FIR had been lodged against Munde by a woman, accusing him of raping her sister. Munde clarified that he was actually in a relationship with that woman and had two children. He accused the two women of blackmailing him.

Writ Petition for Compensation Accepted by Calcutta High Court 

Introduction The Petitioner Purna Ch. Biswas filed a Writ Petition with the complaint that their claims for a higher quantum...

No Members Could Be Disqualified Without Authorisation by Political Party: Gujarat High Court

Excerpt The dispute application no.7 of 2020 filed by respondent no.2 before designated authority. Thereafter the designated authority order dated...

Delhi High Court Directs Delhi Jal Board To Make Supply of Potable Drinking Water

The High Court of Delhi in the matter of Delhi Sainik Cooperation Housing Ltd. v. Union of India &...

Follow us

The Apex Court elucidates that the compensation cannot be denied on the ground of negligence on the part of the passenger and said it is an “untoward incident” and the victim is entitled to compensation.  As per the present legislation, section 124A of the Railways Act, 1989 no compensation will be given to a passenger if he dies or suffers injury due to suicide or while trying to commit suicide.

There was a conflict of opinion of different High Courts as some applied the principles of strict liability and held that railways should be responsible while others said it was due to the negligence of the passengers and railways should not be held accountable for the same.

Removing this ambiguity, the Supreme Court held that the railways will have to pay compensation to victims. It declined to accept the concept of “self-inflicted injury”.

Judges

Justice AK Goel and Justice Rohinton Fali Nariman

Issues of the Case

The bench was hearing an appeal of a compensation of Rs 4 lakh under Section 124A of the Railways Act, 1989. The appeal was made by a woman whose husband Jatan Gope had died in an untoward incident’ in 2002. She claimed that he had bought a second-class train ticket and died after falling from the train due to the rush of passengers. Read Here

The claims, however, were challenged by the Central government. It had argued that the Gope was not a passenger but was merely roaming around the railway tracks. One Kailash Gope, who had also witnessed the accident, said that the deceased had bought a ticket and fell in front of his eyes.

The Railway Claims Tribunal challenged the appeals saying that the deceased was not a passenger and that it was a case of run over.

Court’s Decision

A Supreme Court bench comprising Justices AK Goel and Rohinton Fali Nariman ruled that in case of an “untoward accident” compensation must be paid no matter if the accident was not a case of “wrongful act, neglect or fault on the part of the railway administration.”

The Section 124A of the Railways Act, 1989, says that no compensation can be paid if the passenger commits suicide or attempts suicide or commits any such act that harms him/her. The apex court also ruled that when it is about the case “untoward accident”, the proof of negligence is not required.

“Compensation as applicable on the date of the accident has to be given with reasonable interest and to give effect to the mandate of beneficial legislation, if compensation, as provided on the date of award of the Tribunal, is higher than unrevised amount with interest, the higher of the two amounts have to be given,” the bench said.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

WhatsApp Emails Delhi HC Judge Asking Her Not To Hear the Plea Challenging New Privacy Policy

The Delhi High Court raised strong objection to an E-mail sent by WhatsApp asking a judge not to hear the plea which challenges its new privacy policy. Justice Pratibha Singh said that the e-mail that was withdrawn later was totally unwarranted as she was anyway going to recuse from hearing the plea which was filed by Rohilla Chaitanya who contends that the new privacy policy of WhatsApp provides 360-degree access to a customer’s virtual activity and is against the fundamental right of privacy.

TRP Scam Case: Bombay HC Extends Protection To Arnab Goswami and Other Employees Till the Next Hearing

On Friday, the Bombay High court extended the protection that was given, to Republic TV’s Editor in Chief Arnab Goswami and other employees of ARG Outlier Media Private Limited till January 29th in the alleged case of Television Rating Point manipulation. A status report was submitted by the police to the division bench of Justices S.S.Shinde and Manish Pitale by the Police on the ongoing case.

Plea Seeks FIR Against Maharashtra Minister Dhananjay Munde in Bombay HC for False Info

A plea has been filed in Bombay High Court seeking an FIR against Maharashtra minister Dhananjay Munde who is undergoing times of trouble due to his extra-marital affair. Recently, an FIR had been lodged against Munde by a woman, accusing him of raping her sister. Munde clarified that he was actually in a relationship with that woman and had two children. He accused the two women of blackmailing him.

Writ Petition for Compensation Accepted by Calcutta High Court 

Introduction The Petitioner Purna Ch. Biswas filed a Writ Petition with the complaint that their claims for a higher quantum of compensation have not yet...

No Members Could Be Disqualified Without Authorisation by Political Party: Gujarat High Court

Excerpt The dispute application no.7 of 2020 filed by respondent no.2 before designated authority. Thereafter the designated authority order dated 28.10.2020 disqualified the petitioner and...

Delhi High Court Directs Delhi Jal Board To Make Supply of Potable Drinking Water

The High Court of Delhi in the matter of Delhi Sainik Cooperation Housing Ltd. v. Union of India & Ors held that right to...

Punjab & Haryana High Court Orders Security To BJP Leader Alleged for Not Supporting Farmers Protest

The Order had come in the form of a Writ Petition filed by Tikshan Sood under Article 226 of the Constitution. The petition before...

Lahore High Court Outlaws Two-Finger Virginity Test

The Lahore High Court in Pakistan has outlawed the use and conduct of virginity tests, namely, the use of the “two-finger” virginity test and...

London Court Rejects Assange’s Extradition – What Happens Now? 

Earlier last week, District Judge Vanessa Baraitser, sitting in the Westminster Magistrates’ Court denied the Government of the U.S.A.'s request to the U.K. to...

Calcutta High Court Decides in Favor of Contractor as He Accidentally Pays an Excessively High Amount

Introduction The present writ petition has been filed for a writ in the nature of mandamus commanding the Respondents to revoke the Petitioner’s offer as...

More Articles Like This

- Advertisement -