Railways must compensate even if passenger is at fault: supreme court

The Supreme Court has ruled that the Indian Railways was under an obligation to pay compensation to a passenger who dies after falling from the train even if it is out of his/her own

negligence. The Supreme Court has ruled that the Indian Railways was under an obligation to pay compensation to a passenger who dies after falling from the train even if it is out of his/her

own negligence. A Bench of Justice Aftab Alam and Justice RM Lodha set aside a Allahabad high court judgement that the railways was not obliged to compensate if the victim had fallen due to

his/her own fault. "We are of the considered view that the high court gravely erred in holding that the applicants were not entitled to any compensation under section 124A of the Act

because the deceased died by falling down from the train because of his own negligence. "First, the case of the Railway that the deceased M. Hafeez was standing at the open door of the

train compartment in a negligent manner from where he fell down is entirely based on speculation. There is admittedly no eyewitness of the fall of the deceased from the train and, therefore,

there is absolutely no evidence to support the case of the Railway that the accident took place in the manner suggested by it. "Secondly, even if it were to be assumed that the

deceased fell from the train to his death due to his own negligence, it will not have any effect on the compensation payable under section 124 A of the Act," Justice Alam writing the

judgement said. The apex court passed the judgement while upholding the appeal filed by Jameela, wife of the deceased Hafeez and other dependents, challenging the High Court's verdict.

The high court had passed the judgement while setting aside the judgement of the Railways Tribunal which had ordered a compensation of Rs2 lakh to the family.