May 10,2018:
Supreme Court has expounded that,"Death or injury caused while boarding or de-boarding a train will entitle a person to compensation from the railways".
Apex Court Bench headed by Justice A.K. Goel enunciated that,"Death or injury caused while getting onto a train or alighting from it cannot be classified as a “self-inflicted injury” and used by the railways as a reason to deny compensation to victims".
SC Bench stated that,"The railways cannot plead negligence on the part of the victims. Such deaths or injuries caused would be classified as “untoward incidents”.
Judgment, authored by Justice Goel held that mere presence of a body on Railway premises would not be conclusive to hold that injured or deceased was a bona fide passenger for which a claim for compensation could be maintained. However, mere absence of the ticket with such injured or deceased would not negate the claim that he or she was a bona fide passenger.
Apex Court stated that,“Initial burden will be on the claimant which can be discharged by filing an affidavit of the relevant facts and burden will then shift on the railways. The issue can be decided on the facts shown or the attending circumstances. This will have to be dealt with from case to case on the basis of facts found”.
Railways submitted before SC Bench that it was already paying approximately ₹350 crore as Compensation. There are 68,000 km of railway tracks which are porous/unmanned, resulting in untoward incidents for which liability ought not to be fastened on the railways without valid proof of its liability.
The Judgment of Supreme Court has come on a Appeal filed by Government against grant of Rs 4 Lakh compensation awarded to Rina Devi, whose husband, Jatan Gope, fell from a crowded train and died on the spot.
Source Hindu
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