Govt tries to free Rlys from relief claims

A fatal fall from a train may no longer entitle next of kin of the deceased to claim compensation, unless he can prove that the passenger took reasonable care and precaution to avoid such a tragedy.

If a Bill introduced in the Lok Sabha on Thursday is passed by Parliament, the Railways will not be liable to pay compensation in case a passenger falls and suffers injuries or dies while boarding or de-boarding a moving train.

It will also prevent fraudsters from filing duplicate claims by making different Railways as party for the same claim before the Railway Claims Tribunal.

The Railways (Amendment) Bill 2014 was introduced in the Lok Sabha by Railway Minister D V Sadananda Gowda. The Bill was intended to amend the Railways Act 1989 to ensure that the Railways could not be made liable to pay compensation even if a passenger suffers injuries or dies after falling from a train due to his own fault.

It says that no compensation should be payable by the railway administration if the passenger dies or suffers injury due to suicide or attempted suicide by him, or his own criminal act or his own carelessness or negligence or any act committed by him in a state of intoxication or insanity. 

“Most of the cases of the ‘accidental falling’ arising out of falling down from train are because of negligence, carelessness and misadventure on the part of the passengers while entraining and detraining a moving train known that any accident may take place,” said Gowda.