Reward ₹ 8 lakh to the family of a daily bet whose head was smashed by hitting a lamppost
The railways cannot deny the payment of fair and reasonable compensation to deceased or injured passengers because they had no choice but to travel standing near the entrance of the coaches and look head to head. outdoors due to overcrowding of multiple electrical units (EMU) operating without doors. , the Madras High Court ruled.
Judge SM Subramaniam held that compensation could only be denied if the passengers intended to injure or kill themselves while traveling by train. However, if the accident had occurred due to the sheer recklessness or negligence of passengers in overcrowded trains, then the railways would be required to compensate by proxy.
The verdict was delivered by ordering compensation of ₹ 8 lakh with 6% interest on the family of a daily bet whose head crashed into a lamppost while traveling in an EMU between Perungkalathur stations and Tambaram on April 28, 2015. The passenger was in possession of a valid monthly pass and was therefore a bona fide passenger.
“A passenger standing by the door wouldn’t expect an accident. One should also keep in mind the special circumstances that prevail in our great nation due to its huge population before reaching a conclusion regarding the injuries caused. If an accident occurs while standing near the door or boarding a moving train, it cannot be interpreted as a self-inflicted injury, ”said the judge.
He added that the duties and responsibilities of railway officials should also be taken into account in determining their contributory negligence. “There is no question that passengers are expected to obey the rail rules. However, train passengers may not be able to understand all of the rules and regulations which may not be available on all coaches.
“It is the duty of officials to ensure that passengers strictly follow these rules. Railways have a protective force. The railway police are there. Different officials are employed on the trains … When these officials fail to exercise their duties and responsibilities to the expected level, so as to ensure strict compliance with railway regulations, contributory negligence and negligence on the part of the train must be remedied. railroads.
“When railway officials issue tickets beyond the capacity of coaches without reservations, they also certainly contribute to such recklessness and neglect. In these circumstances, these facts and circumstances are relevant for the courts to determine whether the injury or death is due to simple negligence and recklessness or to intentional injury, ”the judge concluded.