Court Overturns Tribunal's Decision, Recognizes Strict Liability Under Railways Act
In a landmark judgment, the Delhi High Court has overturned a previous decision by the Railway Claims Tribunal, granting compensation to the family of Tara Chand Sharma, who tragically died after falling from a moving train. The ruling, delivered by Justice Manoj Kumar Ohri, emphasized the strict liability principle enshrined in Section 124-A of the Railways Act, 1989, which mandates compensation for untoward incidents without the necessity of proving fault or negligence on the part of the railways.
The case, Priyanka Sharma & Ors v. Union of India, centered around the death of Tara Chand Sharma, who fell from the Jhansi-Hazrat Nizamuddin Taj Express on February 27, 2016. The Railway Claims Tribunal had previously dismissed the family's claim, citing negligence and questioning the bona fide nature of Sharma's travel due to delayed ticket presentation and the prolonged interval before the body was discovered.
Justice Ohri's judgment clarified that the provisions of the Railways Act are intended as beneficial legislation, requiring liberal interpretation. The court criticized the tribunal's hyper-technical assessment of ticket purchases and the assumptions surrounding the passenger's negligence. Emphasizing the precedent set by the Supreme Court in Union of India v. Prabhakaran Vijaya Kumar, the judgment reinforced that liability under Section 124-A is strict and does not necessitate proving negligence.
The High Court acknowledged the family's economic hardships, condoning a 690-day delay in filing the appeal, consistent with previous judicial leniency in similar circumstances. This decision aligns with the precedence that compensation claims should not be hindered by procedural delays when genuine socioeconomic obstacles exist.
In determining the compensation quantum, the court applied the principle from Union of India v. Rina Devi, offering the appellants the higher of two amounts: the pre-revision sum of Rs. 4,00,000 with interest, or the revised statutory compensation of Rs. 8,00,000, also with interest. The Union of India has been directed to release the higher amount within four weeks.
This judgment reinforces the judiciary's commitment to protecting passengers' rights under the Railways Act, ensuring victims' families receive due compensation for untoward incidents. It serves as a critical reminder of the legal obligations and accountability of the railways in safeguarding passenger welfare.
Bottom Line:
Railway Accident Claims - Compensation under Section 124-A of the Railways Act is based on strict liability, requiring no proof of fault or negligence on the part of the Railways.
Statutory provision(s): Railways Act, 1989 Sections 123(c)(2), 124A; Limitation Act, 1963 Section 5; Railway Claims Tribunal Act, 1987 Section 23
Priyanka Sharma v. Union of India, (Delhi) : Law Finder Doc id # 2845292
