Madhya Pradesh High Court Upholds Passenger's Right to Compensation in Railway Mishap

Court Criticizes Railways for Systemic Failures and Orders Statutory Compensation for Injured Passenger

In a landmark judgment, the Madhya Pradesh High Court has allowed the appeal of Raju Dhurvey, granting him compensation after suffering grievous injuries due to a fall from an overcrowded train. The court found that the Railways failed to fulfill its statutory duties under Section 124-A of the Railways Act, 1989, and cannot evade liability by attributing negligence to the victim.

The appellant, Raju Dhurvey, was traveling with his family on the Dakshin Express from Amla to Bhopal on June 1, 2012. Despite holding a valid journey ticket, he fell from the train at Habibganj Station due to pressure from overcrowded passengers, resulting in the amputation of both his legs. Initially, the Railway Claims Tribunal dismissed his claim, labeling his attempt to de-board the moving train as a criminal act.

Justice Himanshu Joshi, presiding over the case, criticized the Railways for its systemic failures, particularly the lack of measures to prevent overcrowding and ensure safe ingress and egress for passengers. The judgment underscored that all passengers, regardless of the class of travel, deserve the same standard of safety and vigilance from the Railways.

The court dismissed the Railways' defense, which claimed the victim acted negligently by standing near the coach's gate and attempting to alight before the train reached the platform. Justice Joshi emphasized that such behavior is typical for passengers trying to ensure a timely exit, especially at crowded stations.

Furthermore, the court highlighted the absence of separate boarding and de-boarding gates in long-distance trains and the lack of announcements about the platform side, which contribute to passenger congestion and pressure at the gates. The Railways, therefore, must take responsibility for the conditions that led to the accident.

By remanding the case back to the Railway Claims Tribunal, Bhopal, the High Court ordered that Raju Dhurvey be awarded full statutory compensation along with interest, as per the prevailing schedule and guidelines. This judgment reinforces the statutory liability of the Railways to protect its passengers and serve as a reminder of the value of human life, irrespective of travel class.

Bottom Line:

Railways cannot evade statutory liability under Section 124-A of the Railways Act by shifting the burden onto the victim - Injured passenger entitled to full statutory compensation along with interest.

Statutory provision(s): Section 124-A of the Railways Act, 1989

Raju Dhurvey v. Union of India, (Madhya Pradesh)(Jabalpur) : Law Finder Doc Id # 2810130