The proposed Railways amendment bill will deprive compensation to several passengers in case of accidental fall from the train, according to legal experts. The bill which is being introduced in the form of an amendment to the Railways Act, 1989 seeks to shift the onus of proving responsibility of accidents on to the passengers from the Railways.
The `statement of objects and reasons' attached with the bill recalls that as per the existing Railways Act cases of `the accidental falling' of any passenger from a train carrying passengers has been included in the definition of `untoward incident'.
“Most of the cases of `the accidental falling' happen because of negligence, carelessness and misadventure on the part of the passengers while entraining and detraining a moving train knowing that any accident may take place.However, railways are being made liable to pay compensation even when there is no fault on its part,'' the statement argues.
According to the statement, the bill is meant to ensure that the Railways become liable to pay compensation in cases of `accidental falling' only when its fault is established. The bill also states that the passengers or their legal heirs have to establish that they (the victims) have taken “reasonable care and precaution to avoid occurrence of such incident''.
Francis Kurian, a leading legal practitioner points out that it would be difficult to establish that the passengers have taken reasonable care.This becomes acutely complicated especially when the pas senger is dead, he said.
Strongly objecting to these provisions in the bill, P Krishnakumar, general secretary, Thrissur Railway Passengers' Association, said “People are forced to board crowded trains and most of them stand near the doors due to space crunch. It is the responsibility of the Railways to introduce safety devices like automatic doors , similar to the ones in metro rail coaches. The passengers should not be asked to pay the price for the failure of the Railways to take safety measures.''
(T.Ramavarman, Times of India dt 9-11-2014)
The `statement of objects and reasons' attached with the bill recalls that as per the existing Railways Act cases of `the accidental falling' of any passenger from a train carrying passengers has been included in the definition of `untoward incident'.
“Most of the cases of `the accidental falling' happen because of negligence, carelessness and misadventure on the part of the passengers while entraining and detraining a moving train knowing that any accident may take place.However, railways are being made liable to pay compensation even when there is no fault on its part,'' the statement argues.
According to the statement, the bill is meant to ensure that the Railways become liable to pay compensation in cases of `accidental falling' only when its fault is established. The bill also states that the passengers or their legal heirs have to establish that they (the victims) have taken “reasonable care and precaution to avoid occurrence of such incident''.
Francis Kurian, a leading legal practitioner points out that it would be difficult to establish that the passengers have taken reasonable care.This becomes acutely complicated especially when the pas senger is dead, he said.
Strongly objecting to these provisions in the bill, P Krishnakumar, general secretary, Thrissur Railway Passengers' Association, said “People are forced to board crowded trains and most of them stand near the doors due to space crunch. It is the responsibility of the Railways to introduce safety devices like automatic doors , similar to the ones in metro rail coaches. The passengers should not be asked to pay the price for the failure of the Railways to take safety measures.''
(T.Ramavarman, Times of India dt 9-11-2014)
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