Madhya Pradesh High Court Awards Rs. 8 Lakhs Compensation for Railway Accident

Railways held liable for contributory negligence despite non-production of travel ticket; failure to prevent overcrowding and unauthorized boarding cited.

In a significant ruling, the Madhya Pradesh High Court has overturned a decision by the Railway Claims Tribunal and awarded a compensation of Rs. 8,00,000 to the family of Gurmeet Singh, who died in a railway accident due to overcrowding. The court, presided over by Justice Himanshu Joshi, found the Railways liable for contributory negligence despite the absence of a travel ticket for the deceased.

The case revolved around an incident that occurred on November 11, 2006, when Gurmeet Singh was traveling from Bhilai Power House Station to Durg. Due to severe overcrowding, he fell from the train and succumbed to his injuries. The claim for compensation had been previously rejected by the Railway Claims Tribunal on the grounds of non-production of a valid travel ticket.

However, the High Court, referring to the Supreme Court’s judgment in the case of Union of India v. Rina Devi, ruled that the absence of a ticket does not automatically negate the claim of the deceased being a bona fide passenger. The court took into consideration the affidavit provided by the claimants, an identity card valid for seven years, and a police investigation report, which collectively substantiated the claim.

The Railways were found to have failed in their duty of care, particularly in preventing ticketless passengers from boarding, which contributed to the overcrowding. The court emphasized the Railways' responsibility to ensure passenger safety and operational efficiency, holding them accountable for the negligence that led to the tragic accident.

The judgment also criticized the delayed inquiry conducted by the Divisional Railway Manager (DRM), which was completed 12 months after the incident, contrary to the mandated 60-day period as per the Railways Passengers (Manner of Investigation of Untoward Incidents) Rules, 2020. This delay rendered the DRM report inconclusive, further supporting the claimants' case.

In light of these findings, the High Court directed the Railways to pay the compensation amount to the claimants within eight weeks, reinforcing the legal obligation of the Railways to uphold passenger safety and security.

Bottom Line:

Railway Claims Tribunal Act, 1987 - Compensation awarded for untoward incident resulting in death of a passenger despite non-production of travel ticket - Mere absence of ticket does not negate the claim of the deceased being a bona fide passenger if supported by relevant evidence - Railways held liable for contributory negligence due to failure in preventing overcrowding and unauthorized boarding.

Statutory provision(s): Railway Claims Tribunal Act, 1987, Railways Act, 1989 Sections 123(c) and 124A, Railways Passengers (Manner of Investigation of Untoward Incidents) Rules, 2020 Rule 6(2).

Vijay Singh Gour v. Union of India, (Madhya Pradesh)(Jabalpur) : Law Finder Doc Id # 2802842