‘It is a systemic failure’: Madhya Pradesh High Court holds Railways liable for deaths of 3 on tracks
Madhya Pradesh High Court ruling, Railway negligence case: The Madhya Pradesh High Court directed the Railway Claims Tribunal to award compensation, stating the failure of the railway to take preventive measures amounted to ‘negligence’ or ‘breach of statutory duty’.
2 min readNew DelhiUpdated: Nov 11, 2025 01:52 PM IST
Madhya Pradesh High Court News: The Madhya Pradesh High Court ruled the Railways negligent in connection with the deaths of three persons, including a three-year-old child, at Maihar railway station. The image is generated using AI.
Madhya Pradesh High Court: The Madhya Pradesh High Court on Monday held the Railway liable for the deaths of three persons, including a three-year-old at Maihar railway station, observing that if railway tracks are easily accessible even to a child, it implies a ‘systemic failure’ of the railway to restrict access.
While allowing the appeal, Justice Himanshu Joshi noted the railway’s failure to take preventive measures for restricting the persons from crossing the railway lines, amounting to ‘negligence’ or ‘breach of statutory duty’, and found that the death occurred due to an ‘untoward incident per Section 124A of the Railways Act, 1989.
“Contributory negligence or unauthorised entry alone does not automatically absolve the railway administration of liability, unless the case falls within the exceptions provided viz. suicide, self-inflicted injury, own criminal act, intoxication, or natural cause,” the court said while hearing three connected appeals.
In 2011, a train passing through Maihar Railway Station hit three, including two women and a three-year-old child, who died on the spot while crossing the railway lines.
The high court directed the Railway Claims Tribunal, Bhopal, to award compensation to the families of victims in accordance with the applicable rules.
The railway, relying on the Divisional Railway Manager’s report, argued that it was a case of violation of railway rules. It contended that claimants are not entitled to any compensation since the deceased were crossing the railway lines unauthorisedly to reach another platform when they got hit by the train.
The Railway Claims Tribunal had earlier in 2016 dismissed the claims of the families, pointing out that the victims were not train passengers and that their families did not prove the accident to be an untoward one.
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Reversing the order, the high court noted that the railway failed to provide effective preventive measures and said, “administration cannot escape from liability on the ground that the victim crossed unauthorisedly.”
Richa Sahay is a Legal Correspondent for The Indian Express, where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape.
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