NEW DELHI: The Supreme Court ruled on Wednesday that the railways can be susceptible to pay compensation to passengers in case of death or damage while boarding and de-boarding trains and stated it can not deny such claims bringing up negligence on the part of passengers.
A bench of Justices A K Goel and R F Nariman held that death or damage all the way through boarding or de-boarding a teach will probably be an 'untoward incident' entitling the victim to compensation.
As in step with Section 124A of the Railways Act, 1989, no compensation might be payable through the railway administration if the passenger dies or suffers damage because of suicide or attempted suicide through him, self-inflicted damage, his personal criminal act or any act committed through him in a state of intoxication or insanity.
Different high courts have given contradictory verdicts as a few of them held that damage or death all the way through boarding and de-boarding because of negligence of the victim was once at par with self-inflicted damage. Some HCs despite the fact that implemented the rules of strict liability on the railways for such incidents.
Putting an finish to the debate, the apex court ruled that the railways is susceptible to pay compensation to victims as compensation is payable whether or not there was wrongful act, overlook or fault on the part of the railway administration in case of an coincidence or untoward incident.
The court stated the idea that of 'self-inflicted damage' will require goal to inflict such damage and negligence on the part of passenger, which is one of the grounds to decline compensation, may just not be brought within its ambit.
A bench of Justices A K Goel and R F Nariman held that death or damage all the way through boarding or de-boarding a teach will probably be an 'untoward incident' entitling the victim to compensation.
As in step with Section 124A of the Railways Act, 1989, no compensation might be payable through the railway administration if the passenger dies or suffers damage because of suicide or attempted suicide through him, self-inflicted damage, his personal criminal act or any act committed through him in a state of intoxication or insanity.
Different high courts have given contradictory verdicts as a few of them held that damage or death all the way through boarding and de-boarding because of negligence of the victim was once at par with self-inflicted damage. Some HCs despite the fact that implemented the rules of strict liability on the railways for such incidents.
Putting an finish to the debate, the apex court ruled that the railways is susceptible to pay compensation to victims as compensation is payable whether or not there was wrongful act, overlook or fault on the part of the railway administration in case of an coincidence or untoward incident.
The court stated the idea that of 'self-inflicted damage' will require goal to inflict such damage and negligence on the part of passenger, which is one of the grounds to decline compensation, may just not be brought within its ambit.
If one dies getting on or off train, Railways must pay compensation: Supreme Court
![If one dies getting on or off train, Railways must pay compensation: Supreme Court]()
Reviewed by Kailash
on
May 10, 2018
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