Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Railways Act Tort: Negligence 1890 Sections 80 109 123(c) and 124-A |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Indian Railways Act, 1890 (9 of 1890) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Tort-Negligence-Res ipsa loquitur-Robbery and murder in running train-A lady was criminally assaulted and robbed of her ornaments and wrist watch while returning home by a local train-She pulled the alarm chain but the train did not stop-She succumbed to the injuries-Evidence of the guard and motorman of the train showing that despite pulling of the alarm chain by the deceased, the train was not made to stop~Held, Railways liable for complete dereliction of duty of its staff-Liability fault based-Standard of care high and strict-Appellant, deceased's husband, entitled to compensation-Instead of relegating the appellant to go to Railways Claims Tribunal or Civil Court, a Compensation of Rs 2 lakhs awarded to do complete justice between the parties-Constitution of India, Article 21, 136 and 142-Loss of life due to dereliction of duty by government servant-Compensation-Railways Act, 1890, Sections 80, 109, 123(c) and 124-A.A lady while returning home in a first class railway compartment was criminally assaulted and robbed of her ornaments and wristwatch. She pulled the alarm chain but the train was m~t made to stop. The evidence of both the guard and motorman showed that in spite of the alarm chain being pulled by the deceased, they did not act to stop the train. The lady finally succumbed to the injury. The claim compensation made by her husband was rejected by Chairman, Railway Board on the ground that liability of the Railways could' arise only in case of railway accident and not where the death takes place as a result of attempted murder in a running train. The appellant's writ petition and writ appeal filed before the High Court were rejected Hence this appeal. It was contended by the amicus curiae that the Railways Act, 1989 (amending Railways Act of 1890) incorporates the concept of liability of Railways for death and/or injury due to any untoward incident while travelling in the train and Section 123( c) of the new Act defines "untoward incident" to include making of a violent attack or the commission of robbery or dacoity. He further submitted that the case of the appellant has to be considered on the doctrine of res-ipsa loquitur rather than narrow technicalities of the Railways Act, 1890.It was submitted by the Respondent that the new Act, which came into effect from 1-7-1990 has no retrospective operation. |
Judge | Honble Dr. Justice A.S. Anand |
Neutral Citation | 1998 INSC 95 |
Petitioner | P.a. Naryanan |
Respondent | Union Of India And Ors. |
SCR | [1998] 1 S.C.R. 899 |
Judgement Date | 1998-02-13 |
Case Number | 824 |
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