RailEnquiry

MUMBAI: The railways cannot claim ignorance about incidents of people falling off trains, the Bombay high court said last week as it ordered Rs 4 lakh compensation for the family of one such victim.Twelve years after a 20-year-old, Hussain Bin, died after tumbling off a train, Justice A P Bhangale directed the South Central Railway to compensate his elderly parents. "The railway administration... has strict liability towards passengers travelling by train. In a given case, the train may stop with a jerk and passengers from crowded compartments may, as a result of falling down, fall prey to an untoward incident. The railways cannot be allowed to plead ignorance about (such an) occurrence," said the judge.The case dates to June 3, 2001, when Hussain was travelling on the Secunderabad-Mukhded Express. The train jerked suddenly and the youngster fell off it. He later succumbed to his injuries. The railways argued that Hussain was not a bona fide passenger and that he was travelling on the footboard. It claimed he died of his own negligence and opposed any compensation.The Railway Claims Tribunal asked South Central Railway to pay Hussain's parents compensation. But the railway challenged the order in HC.The court held that the railways should have proved that Hussain was not a bona fide passenger. His family had referred to a ticket issued to him. "The claimants, in such cases, are often dependents of the deceased and may not have personal knowledge about the untoward incident. The claim is based upon knowledge that the claimants may get from the railways in respect of untoward incidents occurring on its premises," said the judge. "The railways is liable for certain accidents on train or any part of the train carrying passengers despite the fact that there may not be any wrongful act, neglect or default on its part."

Under the Indian Railway Act, the railways is liable to pay passengers compensation in the event of injury or death due to an untoward incident. The exceptions are suicide and when the incident occurs due to the passenger's own criminal act or when he or she is intoxicated or insane.