Compensate woman who lost her leg while fighting robber: Bombay HC to Railways

While referring to the incident, the HC said that there was no police on board the train during nighttime resulting in the woman having to chase the robber herself. “The Railways should take a positive stand. It is the case where no police protection was provided on board the train and the incident resulted in 80 percent disability,” said Justice A S Oka, adding that she battled the robber on her own.

“Offer her ex-gratia compensation,” ordered the court. According to the affidavit filed by the Railways, “According to passengers, the girl was standing on the door of the coach when an unknown person snatched her purse and due to imbalance, she fell down.”

The affidavit further stated that under the Railways Act, compensation was provided in case of injury or death of a passenger due to the untoward incident including the accidental falling of a passenger from a train carrying passengers. But for claiming such compensation, a person has to approach a Railways Claims Tribunal.

The court, however, observed that the Railways Act does not say that in a case where a person is entitled for compensation, the claimant is liable to file proceedings under the Railways Act. “The provisions of the Railways Act creates liability on account of untoward incident. We expect Railways to show bonafide by offering compensation,” said the court.

Bhavika was taken to Ambala Civil Hospital where only first aid was provided but since there was no facility she was taken to PGI Hospital at Chandigarh. She was then brought to Mumbai to a private hospital at Mulund (west). The Railways have till date paid Rs 9.5 lakh to the petitioner who incurred a total cost of Rs 16.96 lakh thereafter which included the cost of artificial limb. The Railways had earlier maintained that the girl had taken unnecessary risk.