In a seven-year-old case, the Gujarat High Court has passed a landmark judgement awarding the family of a deceased passenger compensation of ₹8 lakh, along with 7 pc interest for the duration of the legal proceedings.
The passenger, Keyur, had booked a ticket from Jamnagar to Ahmedabad on the Porbandar-Mumbai Saurashtra Express in 2018.
Although his journey was meant to end at Ahmedabad's main Kalupur Railway Station, he was unable to alight there. Consequently, he attempted to disembark at the next stop, Maninagar.
Since Maninagar is a relatively small station with brief train halts, Keyur tried to get down as the train slowed.
Unfortunately, a sudden jolt caused him to lose balance, resulting in a fall from the train. He sustained serious injuries and later succumbed to them.
The Railway Claims Tribunal had directed Indian Railways to pay ₹8 lakh as compensation to Keyur’s family.
However, the Railways challenged the order in the Gujarat High Court. Their counsel argued that since the deceased attempted to disembark from a moving train, his death was due to personal negligence. Therefore, the department should not be held liable for compensation.
This argument was countered by the claimant’s legal representative, who stated that the responsibility for passenger safety lies with the Railways.
They further argued that the death occurred not due to negligence, but as a result of the train's sudden movement.
The Court also acknowledged that Keyur held a valid ticket at the time of the incident.
After considering arguments from both sides, the Gujarat High Court upheld the Tribunal’s decision and directed the Railways to pay the ₹8 lakh compensation.
Additionally, it ruled that 7% interest must be paid on the amount for the entire duration of the case.
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