The Karnataka High Court has reversed a ruling made by the Railway Claims Tribunal and awarded compensation of ₹8,00,000 to the family of a woman who tragically died while trying to board an incorrect train in February 2014.
Jayamma, along with her sister Rathnamma, had boarded the wrong train; instead of boarding the Tirupati passenger train bound for Ashokapuram/Mysore, they had boarded the Tuticorin Express. When they realized that they were on the wrong train, by that time the train had started to move, and out of sheer panic, they attempted to disembark, which resulted in Jayamma sustaining fatal injuries that eventually resulted in her death.
In 2016, the family moved to the Railway Claims Tribunal, wherein the Tribunal was of the opinion that Jayamma’s death was a “self-inflicted” injury as per Section 124-A of the Indian Railways Act. The Tribunal held that Jayamma failed to utilize any available option, that is, either continuing the journey to the next station or pulling the alarm chain. The tribunal dismissed their plea for compensation, citing negligence on Jayamma’s part and labeling her death as a “self-inflicted injury.” Subsequently, Jayamma’s family appealed to the high court.
Justice H. P. Sandesh of the Karnataka High Court disagreed with the Tribunal’s interpretation, highlighting Jayamma’s status as a genuine passenger and asserting that her death stemmed from an ‘untoward incident,’ a position endorsed by the Supreme Court. The judge criticized the tribunal’s use of Section 124-A, arguing that its application was incorrect in this context.
As a result, the court has recently directed the railways to provide ₹400,000 in compensation with a seven percent interest rate. This ensures that the total amount awarded to the family reaches no less than ₹800,000, inclusive of interest.
Read More: Supreme Court, Delhi High Court, States High Court, Other Courts, International
The Supreme Court has upheld a decision by the Madras High Court granting a divorce…
The Delhi High Court has granted transit anticipatory bail to a lawyer whose brother is…
Former Supreme Court Justice Madan B Lokur has been recently named the chairperson of the…
The Karnataka High Court has recently directed the National Law School of India University (NLSIU)…
The Allahabad High Court has directed the Uttar Pradesh Vigilance Department to investigate the Himalayan…
The Allahabad High Court on Friday issued an order staying the arrest of Mohammed Zubair,…