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Railways cannot deny compensation to those falling from congested trains: HC

Awards Awards 8 lakhs for a daily wager family whose head broke when hitting a lamp post

The railways cannot refuse the payment of fair and reasonable compensation to passengers who are injured or injured, because they have coaches standing near the entrances and outside due to overcrowding in electric multiple units (EMUs). He had no choice but to leave. The Madras High Court ruled.

Justice SM Subramaniam said that compensation can be denied only if the passengers are intent on getting hurt or committing suicide while traveling in trains. However, if the accident occurred due to negligence or negligence of passengers in the derailed trains, the Railways would be vigilantly liable for compensation.

The verdict was ordered ordering compensation of ₹ 8 lakh with 6% interest to the family of a daily salaried man, whose head was smashed at a lamp post when he was on 28 April 2015 between Perungakalathur and Tambaram railway stations Was traveling in an EMU. The passenger was in possession of a valid monthly season ticket and was therefore a good passenger for the passenger.

“A passenger standing near the door will not be afraid of an accident. The peculiar conditions prevailing in our great country due to the large population also have to be kept in mind before reaching a conclusion regarding injuries. If an accident occurs while standing near the door or boarding a train, it cannot be considered as a self-inflicted injury, ”the judge said.

He said that duties and responsibilities of railway officers should also be kept in mind so that their contributory negligence can be detected. “Undoubtedly, the passengers are expected to follow the rules of the railway. However, it may not be possible for train passengers to understand the entire rules and regulations which may not be available in every coach.

The officials said that it is the duty of the officials to ensure that the passengers follow such rules. There are security forces in the railways. The railway police is present there. Various officers are deputed in trains … When those officers are not performing their duties and responsibilities at the required level, then towards the railways to ensure that the rules of the railway are well adhered to. Negligence and negligence are to be corrected.

“When railway officials are issuing over and above capacity in unreserved coaches, they are certainly contributing to such negligence and negligence as well. In those circumstances, these facts and circumstances are relevant for the courts to arrive at a conclusion as to whether the injury or death was caused by mere negligence and negligence or intentional injury, ”the judge concluded.

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