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Passengers Can Get Compensation if Injured while boarding Train!

By:  Tupaki Desk   |   27 April 2022 7:18 AM GMT
Passengers Can Get Compensation if Injured while boarding Train!
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Railways have been one of the oldest means of transport. As the fares are relatively less compared to other means, people prefer Railways for their commute. Given the increasing population, the crowds using railways are also increasing, which in turn increases the rise in accidents while boarding trains.

The issue of whether passengers sustaining injuries while traveling on the train should get compensation or not had reached the Bombay High Court. Hearing a petition, the High Court said that the passengers have the right to get compensation if they sustain any injuries.

Going into detail, a 75-year-old man, who has been fighting for his compensation for over a decade now has knocked on the doors of the Bombay High Court. In his petition, he had said that a Railway Claims Tribunal is not looking into his petition to get the compensation.

During the hearing, the Bombay High Court said that boarding a train is not a criminal act but a calculated risk. Quoting Section 123(c)(2) of the Railways Act, the High Court said that passengers who sustain an injury while traveling on a train should be compensated by the court.

Having said that, the Bombay High Court had directed Western Railways to compensate the petitioner by paying a sum of Rs 3.10 lakh as he was injured when he fell from an overcrowded train.

The 75-year-old Nitin Hundiwala,who sustained severe injuries from falling from a train back in 2011 has been fighting for compensation. His long fight had paid off at last as the court ordered the Railway tribunal to compensate him.

Two years after sustaining injuries, the petitioner had moved the tribunal at the western Railways asking for a compensation of Rs 4 lakh. However, the Railways said the petition cannot be entertained and alleged that he had indulged in a criminal act by boarding a running train.

The orders given by the Bombay High Court make Railways the most preferable means of High Court as they can get the compensation if they sustain any injuries. What happened in the case is nothing but unfortunate. However, the court orders say such unfortunate incidents will also be compensated.