June 10, 2018
The High Court, which was hearing an appeal by the Railways challenging a Delhi trial court's order granting ₹6.6 lakh compensation to the man, enhanced the amount to ₹9 lakh & directed the authorities to pay the remaining amount within 8 weeks.
Delhi HC has asked Indian Railways to explore the possibility of having a compulsory pre-litigation mediation for facilitating an early settlement in cases of tortuous claims for compensation against them.
The High Court said that the Railways ought to adopt a 'litigation policy' to deal with such cases as delay defeats the purpose of granting compensation when the amount wasn't given to victim immediately.
Justice Prathiba M. Singh passed the order while dealing with a case in which a man has been running from pillar to post seeking compensation after 1 his legs was amputated in a train accident over 30 years ago.
HC was hearing an appeal by the Railways challenging a Delhi trial court's order granting ₹6.6 lakh compensation to the man, further enhanced the amount to ₹9 lakh.
The Court noted that the journey of the litigation has shown that Tilak Raj Singh, who was a 22 years old law student at the time of the accident in October 1987, was entangled in a technical objection of jurisdiction before the Civil Judge at Meerut & the Railways Claims Tribunal.
"An organisation such as the Railways which is located across the length & breadth of this country ought not to delay cases of compensation in this manner. The whole purpose of granting compensation is defeated if the amounts don't become available to the victim immediately," it said.
"The Railways ought to adopt a 'litigation policy' to deal with cases when tortuous claims for compensation are filed against them. In such cases, compulsory pre-litigation mediation can also be explored to bring about an early settlement.
"Such a step would reduce the costs for the Railways as also reduce the no. of cases filed & finally ensure timely & efficient payment of compensation," it said.
The Court said that a copy of the order be sent to the secretary of Ministry of Railways & the Railway Board.
The incident dates back to 20th October 1987 when Singh, who's now working with the Income Tax Department, had boarded a general class compartment of Frontier Mail from Meerut Cantonment to Ludhiana & was standing at the exit door.
When train reached Muzaffarnagar, some of the bogies didn't reach up till the platform & to give way to others, he came down.
When the train started moving, he tried to board it and due to a sudden & jerky movement of the train, he along with other passengers fell & he got entangled between the wheels of the train & was dragged for a long distance.
He claimed in the plea that no first aid was given to him at the Muzaffarnagar railway station & he was taken to a hospital in a rickshaw. Due to blood loss & inadequate facilities, he developed an infection & was shifted to Safdarjung hospital.
It said that his leg had to be operated upon thrice at Safdarjung hospital & later, his leg had to be amputated.
He filed a civil suit in 1990 in a Meerut Court, which returned the plaint citing lack of jurisdiction after 12 years. Later, he approached a railways claims tribunal in 2005, which in 2008 held that the case is liable to be tried by a Civil Court.
In October 2008, Singh filed the suit in the Delhi HC which transferred it to a Trial Court here in 2016 due to increase in pecuniary jurisdiction of the High Court & he was awarded a compensation by the trial court in August 2016.
