Woman Dies Trying To Board A Moving Train, Bombay HC Says That Railways Cannot Deny Compensation

The Bombay High Court’s Nagpur bench stated on Friday that the Central Railway cannot deny compensation. Bombay HC said this while rejecting a plea by the Central Railway that they are liable for compensating the family of a deceased woman who had come under the wheels while attempting to catch a running train. 

The Railway Claims Tribunal ordered Central Railway to pay Rs 4 lakh in compensation, which was also doubled by the high court.

As per the petition, on February 12, 2006, Deeplaxmi Bandhe and her husband were headed from Wardha to Nagpur via the Amravati-Nagpur passenger train when the accident happened. On the tragic date, when she boarded the moving train, she fell and succumbed to her injuries.

Advocate Neerja Choubey, representing the Railway, submitted that the incident occurred as a result of her negligence, and the injury was self-inflicted. Therefore, the railways are not liable to pay compensation.

The railway had even called witnesses who deposed before the tribunal that they had warned the deceased not to board the running train.

The bench of Justice Urmila Joshi-bench Phalke’s stated, “Beneficial or welfare statutes should be given a liberal and not literal or strict interpretation.” The court examined the definition of “untoward incident” in the Railways Act and noted that the Apex Court, too, stated that adopting a restrictive meaning to it would deprive a large number of railway passengers of compensation in railway accidents.

The bench also stated, “Merely because the deceased attempted to catch the train and sustained injury does not prove that it was self-inflicted. However, in order to infer that the injury was self-inflicted, the intention must be proven.”