Rs 8 lakhs relief to man who lost legs while travelling on footboard

The bench comprising vice-chairman (Judicial) Mukesh Kumar Gupta and member (Technical) S Mohan, on granting the compensation, said, “As far as the plea regarding negligence on the part of the victim is concerned, it has no relevance. Law as laid down by the Supreme Court is that liability of Railway is strict, and even if it were to be assumed that a passenger fell from the train due to his own negligence, it will not have any effect on compensation payable under Section 124 - A of the Railways Act, 1989.” 

As per the case, on April 27, 2014, A Mohammed Thahir of Chennai, had boarded an unreserved compartment of Train No 16714 from Paramakudi Railway Station. Since the compartment was heavily crowded, he travelled on the footboard. But after a while, he fell from the running train resulting in the amputation of his left leg below the knees and the right foot. 

In his plea for relief, Mohammed Thahir had submitted that prior to the incident he was working as a bearer in a hotel and after the accident he was unable to take up any job. But, the Divisional Railway Manager had contended that Thahir travelling on footboard and falling from it was shear negligence on his part and was liable to be punished under section 156 of Railways Act, 1989 for defying the safety measures of the Railways. It was also submitted that since Railways cannot be held responsible for the incident it was not liable to pay compensation.