Bombay HC upholds compensation to kin of man who died after falling from local train
'Standing near door of overcrowded local train in rush hour not negligence'
The HC passed an order on an appeal by the central government challenging the 2009 Railway Claims Tribunal order that granted compensation to the kin of the deceased. The Bombay High Court on Monday upheld an order granting compensation to the family of a man killed in a railway accident in October, 2009 while travelling to work and said the claim that the passenger was negligent while standing near the local train door during heavy rush hour cannot be accepted.
The HC passed an order on an appeal by the central government challenging the 2009 Railway Claims Tribunal order that granted compensation to the kin of the deceased. The man on October 28, 2005 while travelling from Bhayander to Marine lines on Western Railway line fell down around 10 am between Bhayandar and Mira Road station. He was taken to hospital and died on November 2, 2005.
“Insofar as the issue is concerned that the deceased was negligent in standing near the door and, therefore, he fell down is concerned, it is an accepted position that a Virar Churchgate train is very much crowded and it is very difficult for any passenger to enter the compartment moreso at Bhayendar Railway Station,” a single-judge bench of Justice Jitendra S Jain observed.
“This is a situation even today, therefore to contend that a passenger is negligent while standing near the door cannot be accepted. If a person has to travel for his work and it is very difficult to enter inside the compartment, the passenger has no choice, but to risk his life by standing near the door. This reality cannot be brushed away by the Court. Therefore, to attribute negligence on the part of the deceased merely because he was standing near the door cannot be accepted,” the bench added.
The HC observed that the valid local train pass along with the identity card was produced by the deceased’s wife. The judge said that though the appellant disputed the genuineness of the local pass, the same could not be proved and failed to show what steps the authorities took if it was non-genuine. Therefore, the genuineness of the local pass stands proved, the HC observed, adding that “the finding of the Tribunal that the deceased was a bona fide passenger cannot be faulted.”
Justice Jain also noted that the Tribunal cannot be faulted as no provision in law was shown by the appellant which stated that if a person is standing near the door due to heavy rush and he falls down, such incident will not be covered by the definition of “untoward incident”
“In view of above, there is no infirmity in the impugned order of the Tribunal directing compensation to be paid to the respondents by the appellant.” The HC directed its registry to permit the kin of the deceased to withdraw the amount deposited in the court along with the interest and same be transmitted to their accounts at the earliest.
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