Man who lost legs while attempting to board moving train entitled to compensation: HC

Mr. Jindal
2 Min Read

The Kerala High Court has held that a passenger who lost his legs while attempting to board a moving train in 2022 is entitled to compensation, setting aside an order of the Railway Claims Tribunal that had denied him compensation.

The ruling followed a petition filed by Sidharth K. Bhattathiri, a journalist, challenging the tribunal’s decision. The tribunal had denied compensation on the ground that the injuries he sustained while trying to board the train were the result of his own actions and therefore did not qualify for compensation under the Railways Act.

Both his legs had to be amputated after he slipped and fell between the train and the platform while attempting to board a moving train at Surat railway station, where he had alighted to purchase drinking water.

Allowing the petition, a Bench of Justice S. Manu held that the expression “self-inflicted injury” mentioned in the Act refers to injuries caused by a deliberate act. Injuries resulting from negligence or lack of caution constitute an untoward incident and cannot be categorised as self-inflicted, the court said, directing the tribunal to pay ₹8 lakh as compensation to Mr. Bhattathiri. He had sought ₹15 lakh as compensation, with interest.

Advocates Adil P., Muhammed Ibrahim Abdul Samad and Shabeer Ali Mohamed appeared for the injured passenger.

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