Title - Court wants compensation limit for train accident victims upped

Saying that the maximum limit of Rs. 4 lakh paid as compensation to victims of train accidents is inadequate, the Madras High Court has said that it is high time the Centre revised the amount.Under the Railway Act, the Centre could empower the Railway Claims Tribunal (RCT) to award a fair, reasonable and just compensation analogous to the principles adopted by the Motor Accident Claims Tribunal and the Commissioner under the Workman Compensation Act, Justice P. Devadass said in his judgment while dismissing an appeal by the Railways challenging an RCT order.As per Section 129 of the Railway Act, the Centre had the power to spell out the principles to be adopted by the RCT that would enable the tribunal to consider relevant factors and determine a fair, reasonable and just compensation to victims of train accident, he said.On August 24, 2007, Bakkiyaraj, then aged 24, was travelling by the Chennai-Mangalore Express from here to Karur. After an unscheduled halt at the Veeravakiyam station, the train started moving. The passenger fell down and died on the spot.His parents, P. Periyasamy and P. Lakshmi stated that the compartment was crowded and their son was standing near the entrance. When the train started abruptly, owing to jerking and jolting the door, which was open, hit his head. He slipped and fell.In April 2009, the RCT, Chennai Bench, ruled that the parents were entitled to a maximum compensation of Rs. 4 lakh. Hence, the present appeal by Southern Railway, which submitted that there was no proper evidence as to the manner of accident.

Upholding the tribunal’s order, Mr. Justice Devadass said from an analysis of Sections 2 (29), 123, 123 (c), 123 (2) and 124-A of the Railway Act, if a bona fide passenger died or sustained injuries, it would be an “untoward incident” and irrespective of his negligence or contributory negligence, the Railways was liable to pay compensation to the victims or dependants.

The Railways could exonerate itself from paying compensation, if the incident fell under any one of the five exclusion clauses in the proviso to Section 124-A. The Railways had not established that Bakkiyaraj’s death fell under any one of five clauses.

In railway rules, whatever might be the extent of pecuniary and non-pecuniary losses occasioned to the families of the deceased or victims of accidents, a maximum compensation of Rs. 4 lakh alone was paid. This sum was fixed on November 1, 1997. The basic principle for granting compensation to victims was that they should get a just compensation. The present maximum limit did not appear to be fair, reasonable and just and was not based on relevant aspects.

In the present case, considering the passenger’s young age and his income, his parents were entitled to more than Rs. 4 lakh. But, in view of the Act and rules, both the RCT and the High Court had no power to grant them more than that sum.