Apex Court ordered compensation of Rs. 1 Crore to Railways for
roof travel deaths
The Apex Court has held that Railways have to compensate for the
death or injury sustained on account of travelling on the roof of a train
even if the act of the person was illegal. The Apex Court
made it clear while ordering the Central government to pay compensation
while travelling on the roof of an express train five years ago. Observed
the Bench: “In our view, it must be expected of the persons concerned to
be aware of the inherent danger in allowing the train to run with such
speed having large number of persons travelling on roof top. Though the
people who travelled on roof top also contributed to the mishap, the
Railway Administration, in our view, was not free from blame. Concluding
so, we direct that the next of kin of those who died in the incident and
those who sustained injuries must be duly compensated by the
Railway Administration. Those who died were obviously very young in age for
they had come to compete for the jobs. Taking all these factors in
consideration we direct Railway Administration to pay: (a) Compensation of
Rs.5 lakhs to the next of kin in case of every death (b) Compensation of
Rs.1.5 lakhs in every case of permanent disability suffered by anyone in
the incident (c) Compensation of Rs.75,000/- in case of any grievous
injury suffered by anyone; and (d) Compensation of Rs.25,000/- in case of
simple injury suffered by anyone. The court further ordered:”All Central
Police Organisations must issue guidelines or Standing Order akin to
Standing Orders Nos. 1 of 2011 and 5 of 2013 of ITBP ensuring that only
600 candidates or such number of candidates as could easily be managed or
taken care of be called in one cycle on a particular day. For compliance
in that behalf, a copy of this Order be sent by the Registry to the
Secretary, Ministry of Home Affairs”.
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