No compensation for injuries sustained while boarding a moving train, it’s an offence, says HC

AHMEDABAD: If a traveler tries to board a moving train and sustains injury in the process, he will not get compensation for the injuries, Gujarat High Court said in a case.

According to a report, the high court said trying to get into a moving train, especially when the train has left the station, should be an offence. The court ordered this while rejecting a compensation plea filed by Pravinbhai Vaghela, a sweeper working with the Public Works Department, who fell while trying to board a moving train in May 2014 in Kalupur railway yard and lost his leg. Vaghela had filed an appeal in the High Court for compensation after Railways Tribunal rejected the claim under provisions of the railway’s compensation laws.

The court ruled that it was not an ordinary negligence. “How can a passenger even think of deboarding the train and try to get into another train passing by and that too while another train is in motion? The rash and negligent act of trying to board such a train amounts to a criminal negligence. The railways cannot be held liable for the incident in question,” ToI quoted Justice JB Pardiwala as saying.

On May 27, 2014, Vaghela was travelling in a local train from Kalupur railway station, which stopped at Kankaria yard. Another train – Vadodara Intercity Express was passing by on the same station at a slow speed. Thinking that he would reach early if he boarded the express train, he jumped off the local train and tried to board the moving express train. In that process he lost balance and met with an accident.