Lawstreet Journal

Madras HC Grants 8 Lakh Compensation to Woman's Family Who Fell From Overcrowded Train [READ JUDGMENT]

Lawstreet Journal 27 Mar 2021 6:15pm

Image courtesy: Lawstreet Journal Judiciary Madras HC Grants 8 Lakh Compensation to Woman's Family Who Fell From Overcrowded Train [READ JUDGMENT]

The Madras High Court in a recent judge mentordered compensation of ₹8 lakh (along with 6% interest) to the family of a woman who died in the year 2014 as she was traveling in an EMU.

"Only in the event of a criminal act or self-inflicted injury with an intention can be attributed against the victim as contemplated under Section 124(A) of the Railways Act. In all other circumstances, mere negligence or carelessness cannot be a ground to deny the compensation," the court said.

The single bench of Justice SM Subramanian overruled the railway tribunal's order which had denied compensation to her family members in the year 2016 noting that she was not a bonafide passenger and further the she committed an act of negligence. It was contended that the incident was suffered as a result of external factors of overcrowd, speed, jerk, and a jolt of the train, resulting into the deceased suffering a grievous injury on the back of the head, leading to an on spot death.  Additionally, The Counsel appearing for the respondent Railway made a submission that the accident occurred due to negligence on the part of the deceased and further she was not holding a valid ticket.

The Court, in its observations noted that the untoward incident occurred on account of heavy rush in the running train and that the deceased sustained shock and died due to hemorrhage because of multiple injuries. The DRM report further revealed that the deceased aged about 38 years had fallen down from an unknown EMU… Continue Reading...

Tagged: Madras High Court  
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