Railways asked to compensate family of man who died in train mishap 14 years ago
A sudden jerk during the halt caused him to fall from the train and come under the wheels. He was rushed to a hospital but succumbed to his injuries.Thakur's wife and married daughter sought compensation of Rs 4 lakh under the Railways Act, 1989. However, the South-Central Railway contested the claim, arguing that the incident resulted from Thakur's own negligence. The Nagpur Bench of the Railway Claims Tribunal agreed and dismissed the claim, classifying the death as a self-inflicted injury.In 2017, the family challenged the tribunal's order in the Bombay High Court. Advocate PS Agrawal, appearing for the appellants, argued that the tribunal's decision was flawed as it relied on statements from people who were not eyewitnesses to the incident.advertisementHe also pointed out that no documentary evidence or spot panchnama supported the tribunal's conclusion that Thakur attempted to de-board a moving train.Justice Sandipkumar C More, who heard the matter, held that mere negligence does not amount to 'self-inflicted injury' under the Railways Act. The court clarified that only acts involving criminal negligence can disqualify a claim for compensation. It emphasised that there was no conclusive evidence to prove such criminal negligence in this case.The court noted that while Thakur's wife had stated he may have tried to de-board a moving train, she was not an eyewitness. Statements from the station master, train guard, and loco pilot were also found to be hearsay and thus unreliable to determine fault."Even assuming that the deceased tried to de-board a running train, such an act, in the absence of criminal intent or recklessness, cannot be treated as a self-inflicted injury," the court held.Calling the incident an unfortunate accident, the High Court concluded that it fell within the definition of an "untoward incident" under the Railways Act.Advocate Agrawal also pointed to a 2016 amendment to the Railway Accidents and Untoward Incidents (Compensation) Rules, which increased the compensation amount for death cases from Rs 4 lakh to Rs 8 lakh.Accordingly, the High Court quashed the tribunal's order and directed the Railways to pay Rs 8 lakh as compensation to Thakur's kin.Must Watch
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