Ten years after a tragic train accident that led to the amputation of a man's leg, the Delhi High Court has directed the Railway Department to pay ₹8 lakh as compensation. The Court also ordered that the amount must carry 12% interest from the date of the accident until its realization.
The incident took place in 2015 when the appellant, a regular commuter, fell from a moving train due to a sudden and heavy jerk. The train was reportedly overcrowded, and the man was traveling in a general compartment. As a result of the fall, he sustained severe injuries leading to the amputation of his left leg.
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The victim initially approached the Railway Claims Tribunal (RCT) in 2017, seeking compensation. However, his claim was rejected. The RCT based its decision on the submission by the Divisional Railway Manager (DRM), who claimed that the injuries were caused by the man's own negligence while trying to board a super-fast train to Bhopal.
Upon appeal, Justice Dharmesh Sharma of the Delhi High Court took a different view. The Court observed:
“There is no material on the record to suggest that the appellant/claimant was trying to board or deboard the said express train. The testimony is categorical that he fell out due to the commotion and sudden jerk after losing his balance and sustained injuries…The plea that the injuries were suffered by the appellant/claimant due to his own criminal negligence is also not fathomable in law…It was clearly a case of the appellant/claimant sustaining injuries in an 'untoward incident'.”
The Court noted that the DRM report, dated May 10, 2016, lacked clarity and credibility.
“The DRM Report dated 10.05.2016, exhibit R-1, is neither here nor there and lacks credence. It sets out divergent versions about the incidents…No witness has been examined by the Railways to suggest that the appellant/claimant was trying to board or deboard the running super-fast train.”
The High Court also relied on the man's Monthly Season Ticket (MST), which confirmed that he regularly traveled from Faridabad to Delhi for work. This ticket supported his claim that he had lawfully boarded the train from Faridabad on the day of the accident.
Finding no basis for the RCT’s reasoning, the Court strongly criticized the earlier decision.
“In view of the above, this Court has no hesitation in holding that the reasons given by the learned RCT in rejecting the claim are absolutely perverse.”
Accordingly, the Delhi High Court ruled in favor of the appellant, granting ₹8 lakh as compensation along with interest at the rate of 12% per annum from the date of the incident until full payment is made.
This judgment serves as a crucial reminder of the responsibility the Railways hold in ensuring passenger safety, especially in overcrowded general compartments.
Appearance: Mr. D. Sabharwal & Mr. Shiv Kumar, Advs for Petitioner; Ms. Jatinder Kaur, SPC.
Case title: Varun Jindal v. Union of India
Case no.: FAO 275/2017
