On Wednesday, the Supreme Court (SC) ruled that the Indian Railways administration was liable to pay compensation to a passenger in case of injury or death while boarding or de-boarding a train. It also said that the claims cannot be denied on grounds of negligence on the passenger's part.
The bench of Justices A K Goel and R F Nariman declared that injury or death while boarding and deboarding a train will be considered 'untoward incident' and the victim will be entitled to compensation.
However, as per Section 124A of the Railways Act of 1989, any compensation will not be given by the Indian Railway administration if the passenger suffers injury or dies from committing suicide or attempts suicide, or in the case of self-inflicted injury, own criminal act or any act committed by individual in a state of intoxication or insanity.
After different verdicts issued in various high courts, where many held that injury and death during boarding and de-board was a "self-inflicted" act or negligence on the part of the victim, and did not make the Indian Railways liable for compensation. The apex court, however, put an end to the controversy and ruled that the railways was liable to pay the victim whether or not the act was from the passenger's negligence or fault.