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Delhi High Court dismisses appeal by Northern Railway

Staff Reporter

Challenging grant of 4-lakh compensation to stampede victim


Railways Claim Tribunal had granted a compensation of Rs.4 lakh to victim's husband

‘The victim had died due to negligence and misconduct on her part,' contended Railways


NEW DELHI: The Delhi High Court has dismissed an appeal by Northern Railway challenging grant of a compensation of Rs.4 lakh to the husband of a stampede victim. The victim had died in the stampede when she along with her husband and son was crossing over to Platform No. 1 on the foot over-bridge at New Delhi railway station in 2004.

The three had bought ordinary tickets to travel to Bathinda. A Railways Claim Tribunal had granted a compensation of Rs.4 lakh to the victim's husband on a claim petition filed by him.

The Railways had challenged the Tribunal's order submitting that the victim had died due to negligence and misconduct on her part; the claimant was not dependant on the victim; and the three were not valid passengers as their tickets were not put on record.

After the incident, the Railways had given an ex-gratia payment of Rs.1.6 lakh to the victim's husband, Jagjit Singh. However, the Tribunal had dismissed the pleas of the Railways and granted a compensation of Rs.4 lakh to the victim's husband, holding the Railways responsible for her death. Upholding the Tribunal's order, Justice M.C. Garg said: “I find that…….the Tribunal has correctly arrived at the finding that firstly the incident was an “untoward incident'' and the Railway administration is under the liability to pay the compensation for the death of the deceased and, secondly, the three are the rightful dependants of the deceased within the meaning of Section 123 (b) The Railway Accidents And Untoward Incidents (Compensation) Rules, 1990.”

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