LI Network
Published on: November 02, 2023 at 15:18 IST
The Jharkhand High Court has awarded compensation of Rs. Eight Lacs to the family of a woman who tragically lost her life while attempting to cross railway tracks in the absence of a foot overbridge and proper lighting facilities.
In a significant decision highlighting the legal responsibility of the Railways to provide essential amenities for passenger safety, the High Court overturned the judgment of the Railway Claims Tribunal, which had denied compensation to the family of the deceased railway passenger.
Justice Pradeep Kumar Srivastava underscored the Railway’s obligation to ensure secure travel amenities and emphasized that the Railways cannot exploit its negligence to evade compensating genuine claimants who face life-threatening situations due to the absence of foot overbridges.
The Railway Claims Tribunal in Ranchi had rejected the appellants’ claim, contending that the deceased did not meet the criteria of an “untoward incident” under Section 123 of the Railways Act, 1989.
The appellants argued that there was no foot overbridge near the railway station to facilitate passenger movement from one side to the other, forcing the deceased to cross the tracks, where she was struck by an unidentified train.
The primary focus of the Court in this appeal was to determine whether a bona fide passenger who met with a fatal accident while attempting to cross the tracks after completing her journey due to the absence of a foot overbridge fell within the scope of Section 123(c) of the Railways Act, defining “untoward incidents.”
The Court acknowledged that it was undisputed that the deceased was a bona fide railway passenger, and her body was found near the railway station tracks.
The Court further noted that the cause of death, as determined by the inquest and post-mortem report, was a railway accident.
The incident occurred when the deceased, after disembarking from the train at the end of her journey, was crossing the tracks to reach her home in the dark. Tragically, she was struck by another train and lost her life. There was no evidence indicating any intention on the deceased’s part to harm herself or commit suicide.
As a result, the Court concluded that the previous judgment was unjustifiable under the law and set it aside.
The Court held, “It is held that the deceased was a bona fide passenger who died due to untoward incidents, and the appellants, being the dependants of the deceased, are entitled to compensation under Section 124(A) of The Railways Act, 1989, in the sum of Rs. Eight Lacs (Rs. 8,00,000/-) with interest at 6% from the date of filing the application, i.e., 13.03.2018, until the date of realization. The aforementioned amount shall be deposited within six weeks before the tribunal, and the learned tribunal shall distribute the amount equally among the appellants, subject to due verification.”
The Court allowed the appeal, bringing justice to the family of the deceased.
Case Title: Suresh Ram vs. The Union of India