A passenger, forced to cross a railway track due to the absence of a foot over bridge (FOB), gets hit by a train, is entitled to compensation - Bombay HC

Case: Sunita Manohar Gajbhiye vs Union of India

Bench: Single-judge Justice Abhay Ahuja 

Under the Railways Act ("Act"), if a passenger, who is forced to cross a railway track to exit the station due to the absence of a foot over bridge (FOB), gets hit by a train, he will be entitled to compensation, said the Bombay High Court.

The single judge of the Nagpur bench held that such a passenger cannot be said a negligent passenger.

Accordingly, the Court quashed an order passed by the Railway Claims Tribunal that said a passenger who uses railway tracks negligently ceases to be a bonafide passenger.

Background

The court was considering a petition filed by the widow, son and mother of deceased Manohar Gajbhiye, who died in a train accident, and was travelling from Gondia to Rewral in a general passenger train. While crossing the track, the deceased was hit by a train and died on the spot. Moreover, the train also injured certain other people.

However, the Nagpur tribunal held that it was a negligent act on behalf of the deceased and his death was not an "untoward accident" and therefore, no compensation under the Act.

The said finding was quashed by Justice Ahuja, who referred to the definition of a bonafide passenger in the Act, which stipulates that a bonafide passenger is one who travels with a valid ticket.

According to the Court, once it is established that a passenger was travelling with a valid ticket, that fact cannot be negated on the grounds that the incident was not untoward.

Therefore, the single bench quashed the order and ordered the South East Central Railways to pay ₹8 lakh to the Gajbhiye family within six weeks.