38.6c New Delhi, India, Friday, November 22, 2024
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

For bona fide passenger falling from running train, Railways cannot avoid liability, Delhi HC holds [Read Judgment]

By Shreya Agarwal      05 January, 2024 12:20 PM      0 Comments

NEW DELHI: Awarding compensation to the family of a mason worker who lost his life after falling from a running train, the Delhi High Court has held that, "All said and done, once it is proven that the deceased was travelling as a bona fide passenger and he fell from a running train, the respondent/railways cannot avoid its liability."

"Further, no issue can be raised regarding any negligence on the part of the passenger either," it added.

The bench of Justice Dharmesh Sharma of the Delhi High Court awarded a sum of Rs. 8,00,000/- alongwith interest @ 9% per annum from the date of death of the worker (December 23, 2018) till realization, within 2 months from the passing of the order (January 4, 2024).

Failing this, the Court made the Indian Railways liable to pay the same @ 12% p.a. interest.

The Railways had contested the claim petition relying on the report of the Divisional Railway Manager (DRM) and denied the same stating that the body was found on 'Dn' track whereas the said journey for which the ticket was purchased i.e., Bawal to Alwar, was for an 'Up' track/direction journey.

They further stated that the Train No. 14659 Jaisalmer Intercity Express was being escorted by the Railway Protection Force (RPF) staff, who had not witnessed any such incident happening during the course of journey from Rewari to Phulera.

Hence, they had argued before the Railway Claims Tribunal (RCT) that it was not a case of untoward incident as defined under Section 123(c)(2) of The Railways Act, 1989, which deals with cases of 'accidental falling of any passenger from a train carrying passengers'.

The RCT accepted the argument and relying on its earlier decision in Deepa Devi and others v. Union of India (claim application no. OA2U114/18) rejected the family's claim.

However, the High Court disagreed with the said conclusion and reasoned, Ex-facie, the aforesaid reasons are absolutely flawed and belies common sense and logic It does not divine the eyes to appreciate that, after the fall of the body, its landing on the railway tracks must have depended on the speed of the Intercity Express Train. 

It held that the observation of the RCT that as a result of fall from the Up line, the body could not be fallen on the down track and the assumption that the deceased would not have died by falling from the train on Up line track is not fathomable.

As the deceased passenger was travelling with a valid ticket and his body was found on the railway track, the Court held, "No mileage can be taken by the respondent/Railways from the fact that the dead body of the deceased was found on Dn line track at KM 15/9-16/0. That alone would not invite a conclusive presumption that the deceased did not fall out of a running train."

The Court also relied on the post mortem report according to which there was traumatic amputation of neck, both lower limbs, and both upper limbs of the deceased worker and the cause of death was opined to be head injury, shock and haemorrhage as a result of multiple antemortem injuries sustained to the multiple body parts, produced by blunt force impact.

The nature of injuries were found to be such as could be possible in a railway track accident according to the report, therefore, the Court concluded that, Having regard to the nature of injuries sustained by the deceased, it is evident that he was run by another passing train either immediately after the fall or sometimes thereafter.

Cause Title: Anita Devi & Ors v Union of India

[Read Judgment]



Share this article:

About:

A wanderer, aspiring yogini and writer. Shreya is a lawyer by profession, journalist by passion. A g...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

'Without documentary proof, Waqf Board can't lay claim over any property' 'Without documentary proof, Waqf Board can't lay claim over any property'

In 2012, the Anjuman Committee addressed a letter to the Chairman of the Waqf Board stating there is a wall and Chabutrah (platform) on a 'Tiranga Ki Qalandari Masjid where in olden times laborers used to offer prayers.

Delhi High Court Sets Aside Arbitral Tribunal's Award Against NHAI in Highway Project Delay Case [Read Judgment] Delhi High Court Sets Aside Arbitral Tribunal's Award Against NHAI in Highway Project Delay Case [Read Judgment]

The Delhi High Court sets aside an Arbitral Tribunal's award favoring IRB Pathankot Amritsar Toll Road Ltd over a delay in a highway project. The court finds that the tribunal did not address the essential dispute of whether the National Highways Authority of India (NHAI) was in material default, rendering the award invalid.

Delhi Court Rejects Stay Request in Defamation Case Against Rajasthan CM Ashok Gehlot [Read Order] Delhi Court Rejects Stay Request in Defamation Case Against Rajasthan CM Ashok Gehlot [Read Order]

A Delhi court refuses to stay the defamation case filed by Union Cabinet minister Gajendra Singh Shekhawat against Rajasthan Chief Minister Ashok Gehlot. The court declined to stay the summons and sets a hearing date for August 19.

Delhi High Court to Commence Daily Hearings on August 28 for Appeals Against Acquittals in 2G Case Delhi High Court to Commence Daily Hearings on August 28 for Appeals Against Acquittals in 2G Case

Delhi High Court is set to begin day-to-day hearings from August 28 for appeals by CBI and ED against acquittals in the 2G spectrum allocation case, expressing displeasure over adjournment requests. The case involves former telecom minister A Raja and business entities. Learn about the proceedings and details of the case.

TRENDING NEWS

patiala-house-court-orders-attachment-of-bikaner-house-over-rs-50-lakh-dispute
Trending Judiciary
Patiala House Court Orders Attachment of Bikaner House Over Rs 50 Lakh Dispute

Patiala House Court orders Bikaner House attachment in a Rs 50L dispute, while Himachal Bhawan faces auction over a Rs 150Cr hydropower recovery case.

21 November, 2024 12:19 PM
consensual-relationship-or-breakup-cant-be-given-colour-of-criminality-sc
Trending Judiciary
Consensual relationship or breakup can't be given colour of criminality: SC [Read Judgment]

Consensual relationship or breakup can’t be termed criminal: SC quashes 2019 FIR, stating consensual relations don’t warrant prosecution for rape or intimidation.

21 November, 2024 12:25 PM

TOP STORIES

sc-to-president-decide-death-row-convict-balwant-singhs-mercy-plea-in-2-weeks-or-court-will-intervene
Trending Judiciary
SC to President: Decide death row convict Balwant Singh’s mercy plea in 2 weeks or court will intervene

SC directs President to decide death row convict Balwant Singh Rajoana’s mercy plea in 2 weeks, warns of intervention if delay persists. Hearing on Dec 5.

18 November, 2024 01:11 PM
high-courts-must-ensure-genuineness-of-settlement-before-quashing-proceedings-sc
Trending Judiciary
High Courts must ensure genuineness of settlement before quashing proceedings: SC [Read Judgment]

SC mandates High Courts to verify the genuineness of settlements in serious offences like rape before quashing cases, ensuring justice and transparency.

18 November, 2024 01:49 PM
supreme-court-enforces-grap-4-measures-to-combat-delhis-severe-air-pollution-warns-against-relaxation
Trending Judiciary
Supreme Court enforces GRAP-4 measures to combat Delhi’s severe air pollution, warns against relaxation [Read Order]

Supreme Court enforces GRAP-4 measures in Delhi-NCR as air quality worsens, mandates strict action on pollution and stubble burning for immediate relief.

19 November, 2024 10:26 AM
cji-sanjiv-khanna-recuses-from-delhi-ridge-tree-felling-case-supreme-court-seeks-tree-restoration-updates
Trending Judiciary
CJI Sanjiv Khanna recuses from Delhi Ridge Tree Felling Case, Supreme Court seeks tree restoration updates

CJI Sanjiv Khanna recuses from Delhi Ridge tree felling case citing prior involvement; Supreme Court seeks updates on restoration and monitoring measures.

19 November, 2024 10:58 AM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email