Orissa High Court Orders Railways to Compensate for Passenger's Death

Court Upholds Strict Liability Under Railways Act, 1989, Awards Rs. 9.23 Lakh to Legal Heir

In a landmark judgment, the Orissa High Court has ordered the East Coast Railways to pay a compensation of Rs. 9,23,562 to the appellant, Satyajit Swain, the legal heir of the deceased, Sarbeswar Swain. The Court, presided over by Dr. Sanjeeb K. Panigrahi, J., upheld the principle of strict liability under the Railways Act, 1989, underscoring that the Railways are liable to compensate passengers for untoward incidents occurring during train travel.

The case stemmed from an incident on December 25, 2006, when Sarbeswar Swain, a bona fide passenger, suffered fatal injuries after accidentally falling inside a train compartment due to a sudden jolt. Despite the initial dismissal of the compensation claim by the Railway Claims Tribunal, the High Court set aside the Tribunal's decision and ruled in favor of the appellant.

The judgment clarified the interpretation of 'untoward incidents' under Section 123(c) and Section 124-A of the Railways Act, 1989. The Court emphasized that the accidental falling of a passenger inside a train qualifies as an untoward incident, thus invoking strict liability on the part of the Railways. This principle of liability does not necessitate proof of negligence or fault by the Railways, highlighting the statute's social welfare intent to protect passengers and their families.

The Court further criticized the prolonged litigation period of 19 years, which it termed as a denial of justice. It stressed the need for prompt compensation to the victims' families, aligning with the constitutional mandate of social justice and the welfare state principle enshrined in the Constitution of India.

The awarded compensation, calculated under the revised Railway Accidents and Untoward Incidents (Compensation) Rules, 1990, exceeds the statutory amount, factoring in a reasonable interest rate. The Court directed the Railways to deposit the compensation directly into the appellant's bank account within four months, failing which an interest rate of 7% per annum would be applied.

This landmark judgment reaffirms the judiciary's commitment to enforcing the principles of strict liability, ensuring that victims of railway incidents receive due compensation without undue delay.

Bottom Line:

Railway Claims - Compensation for death due to an untoward incident under Section 124-A of the Railways Act, 1989 - Doctrine of strict liability applies - Liability of Railways cannot be avoided unless the case falls within exceptions enumerated under the Act - Compensation revised based on amended rules and reasonable interest.

Statutory provision(s): Railways Act, 1989 Sections 123(c) and 124-A, Railway Claims Tribunal Act, 1987 Section 23, Railway Accidents and Untoward Incidents (Compensation) Rules, 1990

Satyajit Swain v. Union of India, (Orissa) : Law Finder Doc id # 2781312