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Railway to compensate for death or injury during boarding/de-boarding train

The Supreme Court,  in Union of India vs. Rina Devi), observed that death or injury in the course of boarding or de-boarding a train will be an ‘untoward incident’ entitling a victim to the compensation and the same cannot be denied on the plea of contributory negligence of the victim.

The court was considering an appeal filed by Union of India against the award of compensation of Rs.4 lakhs under Section 124A of the Railways Act, 1989, to a widow of a man who fell down from the train due to rush of passengers and died on the spot.

According to the High Court, as per Section 124A, no compensation is payable if a passenger dies or suffers injury due self-inflicted injury among others.

The concept of ‘self-inflicted injury’ would require an intention to inflict such injury and not mere negligence of any particular degree, the bench held.

A bench of Justice AK Goel and Justice RF Nariman resolved the conflicting views in the matter of quantum of compensation, definition of passenger and strict liability in Railway Accident Claims. It held as follows:

* Death or injury in the course of boarding or de-boarding a train will be an ‘untoward incident’ entitling a victim to the compensation and will not fall under the proviso to Section 124A merely on the plea of negligence of the victim as a contributing factor.

* Mere presence of a body on the Railway premises will not be conclusive to hold that injured or deceased was a bona fide passenger for which claim for compensation could be maintained. However, mere absence of ticket with such injured or deceased will not negative the claim that he was a bona fide passenger.

* The compensation will be payable as applicable on the date of the accident with interest as may be considered reasonable from time to time on the same pattern as in accident claim cases.

* Interest can be awarded from the date of accident itself when the liability of the Railways arises up to the date of payment, without any difference in the stages.

 Article referred: http://www.livelaw.in/victim-entitled-to-compensation-when-death-or-injury-is-in-the-course-of-boarding-or-de-boarding-a-train-sc-resolves-conflicting-views-in-railway-accident-claims-matters-read-judgment/

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