HC upholds compensation for man who fell to death from packed local train

After the accident in October 2005, the man, who was travelling from Bhayandar to Marine Lines, was taken to hospital but succumbed to his injuries on November 2

MUMBAI: Observing that passengers travelling to work had no choice but to risk their lives standing at the door of crowded local trains, the Bombay high court on Monday said that such people could not be called negligent, and upheld the compensation granted to the family of a passenger who died after falling off the train.

Observing that passengers travelling to work had no choice but to risk their lives standing at the door of crowded local trains, the Bombay high court on Monday said that such people could not be called negligent, and upheld the compensation granted to the family of a passenger who died after falling off the train. (Shutterstock)

After the accident in October 2005, the man, who was travelling from Bhayandar to Marine Lines, was taken to hospital but succumbed to his injuries on November 2. His dependents filed an application before the Railway Claims Tribunal for compensation, which was permitted on December 16, 2009. However, the central government challenged the compensation order in the Bombay high court in 2014, stating that the incident had happened due to the negligence of the deceased, as he was standing near the door.

Rejecting the central government’s contention, a single-judge bench of Justice Jitendra Jain stated that if a person had to travel to work during peak hours, he had no choice but to risk his life standing near the door. “This reality cannot be brushed away by the court,” said the judge. “I have not been shown any provision which states that if a person is standing near the door due to a heavy rush and falls down, such an incident will not be covered by the definition of ‘untoward incident’.”

The court further noted that Virar-Churchgate trains were “very crowded” and it was “very difficult for any passenger to enter the compartment”, especially at Bhayandar railway station. “This is the situation even today,” the judge said while highlighting that there was no infirmity in the order passed by the tribunal. He directed the money to be equally divided among the deceased’s wife, two daughters and mother.