Liability of Railway Authorities In Train Accident Cases

The fourth-largest state-owned national transportation service in the world is Indian Railways. It is also one of India's safest means of transportation. But Indian Railways is still susceptible to accidents despite still being one of the safest means of transportation. Train derailments and low-level crossings cause the majority of such incidents. Both account for almost 90 per cent (43.5% and 46.5 %) of railway-related incidents. The passenger might be entitled to file a train accident claim regardless of how the accident or death occurred or if it occurred at the station, platform or train or any railway place if it was not the responsibility of the passenger. This article would also discuss how to apply for death benefits incurred while boarding or de-boarding trains.

LIABILITY OF RAILWAYS:

Railway responsibility for injuries or fatalities has always been a contentious matter. On May 9th, 2018, the Supreme Court of India resolved the Union of India vs Rina Devi issue. In this case, the Supreme Court held that death or injury would be an "outward occurrence" in the process of boarding or de-boarding a train. Under Section 124A of the Railways Act, 1989, an "untoward incident" applies. 

Thus, Section 124A of the Railways Act states that an untoward incident happens during the service of the railways. The railway administration must pay compensation to the victim or the dependent of the victim regardless of whether or not there was negligence or any fault on behalf of the administration of the railway. The absence of an injured or deceased ticket would not erase Railways' responsibility to settle the demand. Thus, any person who has been a victim of an "incident" is liable for compensation from the Railway Administration.

• According to the Railways Act, 1989, the following persons are liable for compensation:

1. Those involved in any railway accident, including rail derailment, low-level crossing (only those who are boarding the train), rail-car collisions.
2. Any individual who is involved in any consequential railway accident that may cause that person's injury or death.
3. Any individual who has been subjected to hazardous chemicals or to sabotage, assault, explosion or fire.

• Those persons are not entitled to compensation under Section 124A of the Railways Act, and they are as follows:

1. If a person is intentionally attempting to kill himself or some suicide attempt.
2. Any self-inflicted damage.
3. Injury induced by the unlawful act of the individual himself.
4. An act committed by an intoxicated person or an insane person.

The initial burden of proof is on the complainant, but the filing of an affidavit can discharge the underlying evidence of the event. The presumption of evidence transfers to the Railway Administration after the affidavit has been filed and it is up to the tribunal's discretion to decide on the facts or the circumstances at hand.

Therefore it can be concluded that the Railway Administration seeks to compensate victims or dependents of the deceased by means of the Railway Act and the Railways Claim Tribunal.