6 yrs after man falls to death from train, his family to get ₹8L

HC TO THE RESCUE

6 yrs after man falls to death from train, his family to get ₹8L

TIMES NEWS NETWORK

Chennai:06.03.2021 

The Madras high court has made it clear that Southern Railway cannot deny compensation to passengers who die because they had to peep outside the doorway due to overcrowding in local trains.

All accidents that cause death due to impact on a lamp post cannot be construed as self-inflicted injury, Justice S M Subramaniam said while ordering Rs 8 lakh compensation with 6% interest to the family of a daily-wage worker who died in one such accident.

According to the petitioners, Parameswari and Samikannu, the deceased was a worker on a contract with a company in Chromepet and went to office by train. He had a monthly ticket.

On April 28, 2015, while travelling between Perungalathur and Tambaram during the peak hour, he fell down from a running train that was crowded and sustained severe head injuries. The victim died on the spot.

When the family applied for compensation, the railway tribunal rejected the claim on the ground that the death occurred as the man had hit a lamp post due to negligence and carelessness.

Aggrieved, the family have moved the present appeal before the court.

When the plea came up for hearing, the judge said, “Railways pleading negligence and carelessness on the part of passengers should establish an intention to cause selfinflicted injury. If the intention is established, then the exclusion clause may be invoked and not otherwise. Mens rea (criminal intent) is required for committing an act of self-inflicted injury or death.”

The court said that while standing near the door or while boarding a moving train, if an accident occurs, the same cannot be construed as self-inflicted injury, but the injury on account of carelessness. “Such injuries, which cannot be brought within the parameters of selfinflicted injury and compensation shall not be denied,” the court said.