Railways : Failure to restrict access to tracks is negligence and breach of statutory duty.

Madhya Pradesh High Court Holds Railways Liable for Compensation in Unauthorized Track Crossing Deaths Court Overturns Tribunal Decision, Citing Negligence in Preventive Measures by Railway Administration

In a significant ruling, the Madhya Pradesh High Court has held the Railway Administration liable for compensation in a case involving the tragic deaths of individuals who were run over by a train while attempting to save a child crossing the tracks. The court overturned the earlier decision of the Railway Claims Tribunal, Bhopal, which had denied compensation to the claimants.

The case, stemming from an incident on April 17, 2011, involved a group of individuals who were returning from a ceremony and were reportedly crossing the railway tracks at Maihar Railway Station. The deceased, including two women and a child, were run over by train No. 19051. The Railway Claims Tribunal had initially dismissed the claims, citing that the deceased were not passengers and had crossed the tracks unauthorizedly.

However, the High Court, presided over by Justice Himanshu Joshi, found that the Railway Administration's failure to implement adequate preventive measures, such as fencing or security to restrict access to the tracks, constituted negligence. The court emphasized that even if the individuals were crossing the tracks unauthorizedly, the railway was still liable under Section 124-A of the Railways Act, 1989, unless exceptions like suicide or criminal act were applicable.

The court noted the systemic failure of the railway in preventing unauthorized crossing, particularly highlighting the ease with which even a three-year-old child could access the tracks. Justice Joshi stressed the absence of sufficient preventive measures as a breach of statutory duty by the Railway Administration.

As a result, the court set aside the Tribunal's judgment and directed the Railway Claims Tribunal, Bhopal, to award compensation to the claimants in accordance with the prevailing rules and guidelines. This judgment reinforces the responsibility of the Railway Administration to ensure safety measures are in place to prevent such tragic incidents.

Bottom Line:

Liability of Railway Administration under Railways Act, 1989 - Contributory negligence or unauthorized crossing of railway tracks does not automatically absolve Railway Administration of liability unless exceptions like suicide or criminal act apply. Failure to take preventive measures to restrict access to railway tracks constitutes negligence or breach of statutory duty.

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

Ramaavatar @ Ramotar Prajapati v. Union of India, (Madhya Pradesh)(Jabalpur) : Law Finder Doc Id # 2806619