Bengaluru: The Karnataka High Court has held that the Railways is liable to pay compensation to the passenger who died while alighting a moving train in 2014 under Section 124-A of the Indian Railways Act, 1989.The High Court while hearing a plea by the deceased woman passenger’s relatives observed that the incident did not amount to “self inflicted injury” as the causal factor as argued by the Railways.
A Single Bench of Justice H.P. Sandesh observed, “No doubt, the Tribunal not arrives at a conclusion that the deceased was not a bona fide passenger, but rejected the claim only on the ground that it is a self-inflicted injury…The Tribunal committed an error…The appellants are entitled for compensation to the tune of Rs.4,00,000/- along with interest @ 7% p.a., from the date of filing the claim application till its realization. It is made clear that after applying the rate of interest, if the final figure is less than Rs.8,00,000/-, then the appellants shall be entitled to Rs.8,00,000/-. ”
The High Court’s crucial judgment sets aside the verdict of the Railway Compensation Tribunal, which had refused to provide compensation for the family of Jayamma who fell down from moving train and died in 2014. Rojamani, a resident of Channapatna in Ramanagara district, and others filed an application in the High Court to Challenge the Railway compensation tribunal order.
During the hearing, the counsel for the petitioner said that the deceased Jayamma had mistakenly boarded a wrong train along with her sister. By the time she got down knowing this, the train had started moving. She lost control and accidentally fell down and got seriously injured and died on the spot. In consideration of this, the counsel of the petitioner urged the court to direct appropriate compensation to the family. However, the railway department argued that the death amounted to “self inflicted injury”but has not provided any evidence for it. The petitioner urged the court that the order passed by the Railway Rights Tribunal should be set aside.
The lawyer for the railways argued that the deceased woman had mistakenly boarded a wrong train adding the alarm chain should have been pulled. Therefore, no compensation can be provided under Section 123(e) of the Railway Act, the Railways said.
But the bench held that if a passenger dies while alighting from a moving train, it is the duty of the railways to pay compensation to the claimants.
In 2014, Jayamma along with her sister Ratnamma went to Channapatna railway station and was waiting for the 'Tirupati Passenger' train to go to Ashokapuram in Mysore. Both of them boarded the 'Tuticorin Express' train. Jayamma was alighting from the train after learning that the train was not going to Ashokapuram. By that time the train had started moving, at which time, she accidentally fell down and died on the spot.
