Local trains are the lifeline for the people of Mumbai. Many incidents are happening on the local trains. The Bombay High Court, after observation, ruled that if a person falls off a train due to overcrowding, it will fall under an “untoward incident” and that person will be compensated by the railways.
A 75-year-old man suffered an injury to his leg after falling off the overcrowded local train. Justice Bharati Dangre ordered the Western Railway to compensate the old man for Rs. 3 lakhs.
The copy of the order was available from April 26th, 2022, and was dated April 12, 2022.
The Western Railway contends that this type of case is not covered by Act 124(A) of the Railway Act, which states that compensation is to be paid for untoward incidents. The Railway states that the victim tried to catch the moving train.
The judge refused the railway’s argument and stated that it falls under the untoward incident as per Section 124 (A).
The purpose of section 124(A) of the Railways Act, was to provide quick justice to an injured passenger or the dependents of a deceased passenger involved in an untoward incident.
According to Justice Dangre, according to the provisions of the act, compensation cannot be denied.
Local trains in Mumbai are often called the ‘life line of the city’, with a huge number of the city’s inhabitants relying on them to get to work and other destinations at some point of time, the court said.
Even, it is not unknown, for the residents of Mumbai who commute through Railways, to undertake risk at some point of time, in order to reach their destination on time. This city, which is affordable and convenient, this calculated risk cannot surely amount to a criminal act, Justice Dangre said.
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Published By: Aman Gupta
Edited By: Vanshika Sahu
