Court Recognizes Strict Liability of Railways for Passenger Accidents, Orders Rs. 8 Lakh Compensation Plus Interest
In a significant ruling, the Jharkhand High Court overturned a previous decision by the Railway Claims Tribunal, Ranchi Bench, and ordered the Union of India, through Eastern Railway, to compensate the family of deceased passenger Ashok Mehto @ Mahto. The court directed the payment of Rs. 8 lakh with an interest rate of 7% per annum from the date of the accident, acknowledging the deceased as a bona fide passenger who died in an untoward incident while traveling on the Danapur-Tatanagar Express.
The case arose after Ashok Mehto, who had purchased a valid second-class ticket for travel from Jamui to Madhupur, was found dead near the railway tracks on August 2, 2017. Despite the presence of the travel ticket and police reports confirming the accident as a fall from the train, the Railway Claims Tribunal had initially dismissed the family's claim for compensation, citing insufficient evidence.
However, the High Court, presided over by Justice Sanjay Kumar Dwivedi, emphasized the application of strict liability under Section 124-A of the Railways Claims Tribunal Act, 1987. The court asserted that the railway administration could not evade liability based on conjectures or technicalities, especially when the evidence demonstrated the deceased's status as a bona fide passenger.
The court criticized the tribunal's narrow interpretation of the law, highlighting the beneficial nature of the compensation provisions intended to protect passengers. It referenced precedents, including the Supreme Court's emphasis on liberal interpretation, to reinforce that negligence, such as standing at an open train door, does not absolve the railway of responsibility under the Act.
The ruling mandates the Eastern Railway to pay the compensation within two months from the order's receipt, marking a crucial acknowledgment of passenger rights and railway accountability.
Bottom line:-
Railway Claims Tribunal Act, 1987 - Compensation for untoward incidents - Bona fide passenger falling from a running train - Strict liability under Section 124-A of the Act applies - Railway administration cannot deny compensation based on conjectures or technicalities.
Statutory provision(s): Railways Claims Tribunal Act, 1987 - Sections 123(C)(2), 124-A
Smt Raj Kumari Devi v. Union of India, (Jharkhand) : Law Finder Doc id # 2941939
