The Madras High Court recently ordered the railways to compensate the family of a man who died after being struck by a train while seated on a railway platform.

Justice K. Rajasekar noted that, as the accident occurred while the man was on the platform, it was the responsibility of the Railways to demonstrate that the incident was not one within the definition of an untoward incident. 

The court further stated that if the accident had occurred while the man was crossing the track, the railways' argument might have been valid. However, since there was no evidence showing that the man was sitting on the edge of the platform, the incident could not be classified as a 'self-inflicted injury'.

The railway, however, contended that the accident occurred when the deceased was attempting to trespass by crossing the railway track. They argued that, as it was a case of self-inflicted injury, it should not be considered an 'untoward incident'.

The court noted that, while the DRM report claimed the deceased man was sitting on the edge of the platform, the Loco Pilot's report indicated that the train had struck passengers as it entered the station.

The court added that the railways had neither argued that the deceased was negligently sitting on the edge of the platform during the examination of his wife nor presented any other evidence to suggest that the accident was a result of self-inflicted injury.

Thus, in the absence of such evidence, the court directed the railways to compensate the family and issued an order to that effect.

Counsel for the Petitioner: Mr.E.Vinothkumar

Counsel for the Respondent: Mr.M.Vijay Anand

Case Title: Riyana Begum v Union of India

Case No: C.M.A. No. 2629 of 2021