Railways asked to compensate family of man who died in train mishap 14 years ago
The Bombay High Court has set aside a Railway Claims Tribunal order that denied compensation to the family of a passenger who died in an accident on the grounds of "self-inflicted injury due to negligence".The court ruled that the death was an "untoward incident" and not a result of criminal negligence, entitling the family to compensation under the Railways Act 14 after the passenger died. advertisementThe case pertains to VJ Thakur, a resident of Nanded, who was travelling with a valid ticket on the Adilabad-Tirupati-Krishna Express from Adilabad to Kinwat on October 10, 2011. As the train approached Kinwat Railway Station, Thakur stood near the door waiting for the crowd to clear.
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
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
News18
31 minutes ago
- News18
Court awards over Rs 27 lakh compensation to man injured in 2019 road accident
New Delhi, Jun 13 (PTI) Underlining that medically determined permanent disability cannot be mechanically applied to find the loss of earning capacity because of functional disability, a motor accident claims tribunal here has awarded Rs 27.07 lakh as compensation to a man injured in a 2019 road accident. Presiding Officer Shelly Arora noted the claimant or injured Prahalad Rai's statement, according to which he was riding his two-wheeler from Kalindi Kunj to Madanpur Khadar when a rashly driven truck rammed into his vehicle on July 9, 2019. In an order dated June 4, the tribunal said it was established that the accident occurred 'on account of the speedy and rash driving" by its driver named Shankar Yadav. It noted that according to Rai, he suffered a grade-III fracture of both bones of his left leg and underwent surgeries, and prolonged medical treatment, which rendered him 63 per cent permanently disabled, leading to substantial loss of income because of an adverse impact on his earning capacity. The court said, according to the precedents established by the Supreme Court and high courts, medically determined permanent disability cannot be equated with loss of earning capacity because of functional disability, as it would result in a non-objective and absurd compensation. It said, 'There, however, might be certain cases where the two would correspond to each other, but it cannot be mechanically applied; rather, it requires evaluation of applicable factors independently in each case to reach a fair quantification of loss of earning capacity." The court noted that the claimant, who was employed as a delivery boy, endured substantial disability, including deformity in the left lower limb. 'This impairment significantly restricts mobility, a critical requirement for his prior employment, which heavily relied on driving and physical activity. The nature of his injury directly impacts his ability to perform essential job functions, particularly those involving extensive fieldwork and continuous driving, which are indispensable for a delivery boy," the court said. It said that the 'psychological and emotional consequences" of the injury further diminished Rai's capacity to adapt to alternative employment, which compounded the overall effect on his earning ability. 'Given the substantial impact on his ability to undertake field-oriented work, his functional disability is assessed as 50 per cent concerning his earning capacity," the court said. It computed a total compensation of around Rs 27.07 lakh, payable to Rai under various pecuniary and non-pecuniary losses. The court directed the insurer, United India Insurance Company Ltd, to pay the entire compensation along with interest. PTI MNR AS AS First Published: June 13, 2025, 19:30 IST
Time of India
39 minutes ago
- Time of India
Court Awards Rs 27 Lakh Compensation To Man Injured In 2019 Road Accident
New Delhi: A motor accident claims tribunal awarded Rs 27 lakh as compensation to a man injured in a 2019 road accident. The man, Prahalad Rai, was riding his two-wheeler from Kalindi Kunj to Madanpur Khadar when a rashly driven truck rammed his vehicle on July 9, 2019. The tribunal computed the total compensation under various pecuniary and non-pecuniary losses. It directed the insurer, United India Insurance Company Limited, to pay the entire compensation along with interest. Presiding officer Shelly Arora stated that the psychological and emotional consequences of the injury diminished Rai's capacity to adapt to alternative employment or social settings, thus compounding the overall effect on his earning ability. "Given the substantial impact on his ability to undertake field-oriented work, his functional disability is assessed as 50%concerning his earning capacity," the court, in an order dated June 4, said. The tribunal stated that it was established that the accident occurred "on account of the speedy and rash driving" by the truck driver. The court further said that according to the precedents of the Supreme Court and high courts, medically determined permanent disability cannot be equated with loss of earning capacity due to functional disability, as it would result in non-objective and absurd compensation. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 2025: Steel Suppliers From Mexico At Lowest Prices (Take A Look) Steel Suppliers | search ads Search Now Undo "There, however, might be certain cases where the two would correspond to each other, but it cannot be mechanically applied; rather, it requires evaluation of applicable factors independently in each case to reach a fair quantification of loss of earning capacity," it added. The court noted that the claimant, who was employed as a delivery boy, endured substantial disability, including deformity in the left lower limb. "This impairment significantly restricts mobility, a critical requirement for his prior employment, which heavily relied on driving and physical activity. The nature of his injury directly impacts his ability to perform essential job functions, particularly those involving extensive fieldwork and continuous driving, which are indispensable for a delivery boy," it stated. Follow more information on Air India plane crash in Ahmedabad here . Get real-time live updates on rescue operations and check full list of passengers onboard AI 171 .
Time of India
39 minutes ago
- Time of India
BMP-4 ignites police dreams for Dumraon women
1 2 3 4 5 6 Buxar: Each morning in the villages of Banjhu Dera, Noniya Dera and Nandan near the Bihar Military Police-4 (BMP-4) campus in Dumraon, a group of young women gather with a shared goal – to join the Bihar Police. Among them are Chanchal Kumari and Arti Kumari, joined by nearly 30 peers, all undergoing daily training with focus and determination. These villages, once associated with the illicit liquor trade, are now witnessing a quiet shift. The inspiration behind it – women constables posted at BMP-4, whose presence and discipline have sparked ambition among local youth. The change began in 2012 with the establishment of BMP-4. The momentum grew stronger with the launch of the Bihar Military Police Training Centre (BMPTC) in 2020. What was once a region with minimal police presence is now experiencing renewed safety, structure and aspiration. "The presence of both institutions has not only boosted security but also opened up employment opportunities in the police department," said a local resident. Sunil Kumar, ADG (special branch) and a native of the Dumraon subdivision, credited the increased police visibility with inspiring local youth to pursue careers in law enforcement – bringing not only discipline but also economic stability to their families. The ripple effect has reached the local economy. Recruitment drives and training activities have created new demand for housing, goods and services. "I used to be unemployed," said a vendor outside the training centre. "Now I earn around Rs 1,000 a day," he added. Ajay Kumar Pandey, commandant of BMP-4 and BMP-18, said, "There is a marked shift in mindset and law and order in the area. The combined strength of BMP-4 and BMP-18 stands at 1,660 constables, including 523 women." Spread over 200 acres, BMP-4 is a reflection of structured development with well-planned roads and modern lighting. Its foundation stone was laid in 2002 by then Bihar DGP R R Prasad. The journey was not without challenges. The construction of BMP-4 involved the acquisition of large tracts of land, including portions of the Haryana Cattle Breeding Farm. Bringing the facility to Dumraon required concerted efforts from both R R Prasad and Sunil Kumar, who was then the SP of Buxar. "The institution stands as a symbol of progress and aspiration for the region's youth," said Bhashmakar Dubey, a resident of Dumraon town. And for the young women training nearby, it represents something even greater – a path to empowerment and a break from the past. Buxar: Each morning in the villages of Banjhu Dera, Noniya Dera and Nandan near the Bihar Military Police-4 (BMP-4) campus in Dumraon, a group of young women gather with a shared goal – to join the Bihar Police. Among them are Chanchal Kumari and Arti Kumari, joined by nearly 30 peers, all undergoing daily training with focus and determination. These villages, once associated with the illicit liquor trade, are now witnessing a quiet shift. The inspiration behind it – women constables posted at BMP-4, whose presence and discipline have sparked ambition among local youth. The change began in 2012 with the establishment of BMP-4. The momentum grew stronger with the launch of the Bihar Military Police Training Centre (BMPTC) in 2020. What was once a region with minimal police presence is now experiencing renewed safety, structure and aspiration. "The presence of both institutions has not only boosted security but also opened up employment opportunities in the police department," said a local resident. Sunil Kumar, ADG (special branch) and a native of the Dumraon subdivision, credited the increased police visibility with inspiring local youth to pursue careers in law enforcement – bringing not only discipline but also economic stability to their families. The ripple effect has reached the local economy. Recruitment drives and training activities have created new demand for housing, goods and services. "I used to be unemployed," said a vendor outside the training centre. "Now I earn around Rs 1,000 a day," he added. Ajay Kumar Pandey, commandant of BMP-4 and BMP-18, said, "There is a marked shift in mindset and law and order in the area. The combined strength of BMP-4 and BMP-18 stands at 1,660 constables, including 523 women." Spread over 200 acres, BMP-4 is a reflection of structured development with well-planned roads and modern lighting. Its foundation stone was laid in 2002 by then Bihar DGP R R Prasad. The journey was not without challenges. The construction of BMP-4 involved the acquisition of large tracts of land, including portions of the Haryana Cattle Breeding Farm. Bringing the facility to Dumraon required concerted efforts from both R R Prasad and Sunil Kumar, who was then the SP of Buxar. "The institution stands as a symbol of progress and aspiration for the region's youth," said Bhashmakar Dubey, a resident of Dumraon town. And for the young women training nearby, it represents something even greater – a path to empowerment and a break from the past. Follow more information on Air India plane crash in Ahmedabad here . Get real-time live updates on rescue operations and check full list of passengers onboard AI 171 .
