AMN /NEW DELHI
Supreme Court has ruled that the railways will be liable to pay compensation to passengers in case of death or injury while boarding and de-boarding trains and said it cannot deny such claims citing negligence on the part of passengers.
The apex court yesterday said death or injury while boarding or de-boarding a train is an untoward incident which entitles a passenger to compensation and will not be considered his negligence.
It also said that mere presence of a body on the railway premises would not be conclusive to hold that the injured or deceased was a bona fide passenger for seeking compensation. It, however, clarified that the absence of ticket will not negate the compensation and the onus will be on claimant to prove his case by providing requisite documents.
A bench comprising justices Adarsh Kumar Goel and Rohinton F Nariman also cleared that the compensation will not fall under the proviso to Section 124A (suicide, self-inflicted injury) merely on the plea of negligence of the victim as a contributing factor.
The judgment came on an appeal filed by the Centre which had approached the apex court against Patna High Court order awarding a compensation of 4 lakh rupees to the wife of a person who fell down from a train due to rush of passengers and died on the spot on 20th August, 2002.