Introduction:

In a significant ruling, the Karnataka High Court addressed the liability of the Railway in compensating the claimants for the death of a bonafide passenger who fell from a moving train. The case, involving the unfortunate demise of Jayamma, raised questions about the Railway’s responsibility in such circumstances.

Arguments:

The claimants sought compensation for Jayamma’s death, attributing it to an untoward incident while alighting from a moving train. However, the Railway contended that the incident was a result of Jayamma’s deliberate act, thereby absolving them of liability under Section 124 of the Railways Act.

Court’s Judgement:

Justice H P Sandesh, presiding over the single-judge bench, set aside the Railway Claims Tribunal’s order and ruled in favor of the claimants. The court held that even if a bonafide passenger dies while alighting from a wrongly boarded train, the Railway is liable to pay compensation. It emphasized that Section 124A of the Railways Act imposes strict liability on the Railway, irrespective of the passenger’s actions.