Railway Tracks Are Not For Pedestrian Use: Railways Cannot Be Blamed For Accidents While Crossing It: Orissa HC
The Orissa High Court held that individuals who choose to cross railway tracks unlawfully assume the risk of potential accidents and they cannot blame the railways for the consequences of their actions.
After a deceased demonstrated negligence by “hurrying onto the tracks in front of an approaching train,” The Bench absolved the railways from any liability since they took reasonable precautions to prevent such trespassing accidents.
A Single Bench of Justice S.K. Panigrahi observed, “Railways often emphasize the importance of safety around railway tracks, but it is true that trespassing on tracks is a significant safety concern…The Indian Railways also grapples with a concerning issue – the occurrence of rail accidents…A majority of the deaths every year on the railway tracks occur due to crossing the tracks, which is an illegal act. Despite stringent safety measures and continuous efforts to enhance infrastructure and operational protocols, these accidents persist, posing risks to the lives and well-being of passengers and railway staff alike.”
Advocate D. Mohapatra represented the petitioners, while DSGI P. K. Parhi appeared for the opposite party.
The cases under consideration revolved around fatalities at unmanned railway crossings, where individuals unlawfully trespassed onto railway tracks, resulting in tragic accidents, including death. Amongst these incidents was the case of a mentally challenged individual as well who succumbed to injuries after being struck by a passing train.
The petitioners, seeking compensation against the unnatural deaths of their kin, argued that the railway authorities should be held accountable under Section 124-A of the Railways Act, 1989. They argued that the deaths occurred due to the negligence of the railways.
However, the railways countered that the incidents were clear cases of trespassing. They argued that the deceased unlawfully trespassed onto the railway tracks, violating Section 147 of the Railway Act, 1989, absolving the railways of liability.
The Court held, “Trespassing on tracks poses serious risks, including the danger of being struck by trains or encountering other hazards associated with the railway environment. Therefore, individuals who choose to cross railway tracks unlawfully assume the risk of potential accidents and cannot blame the railways for the consequences of their actions.”
While railways implemented safety measures and regulations to prevent accidents, the Court stated that ultimately, individuals who trespassed on railway tracks were only responsible for their safety.
Therefore, the bench could not hold that the railway administration's failure to erect a gate and post a gateman amounted to an “actionable negligence” by itself.
Consequently, the Court added, “Railway tracks are designed for the safe passage of trains and are not intended for pedestrian use…These incidents not only result in tragic loss of lives but also inflict economic losses and disrupt the smooth functioning of the railway system.”
Accordingly, the High Court dismissed the petition.
Cause Title: Hema Pradhan & Anr. v. Union of India & Ors.
Appearance:
Petitioners: Advocates D. Mohapatra, Amit Pr. Bose, S. Sourav, S. K. Nanda, G. C. Swain, G. P. Dutta, D. Mund, A. S. Nandy, S.K. Pradhan-3, Santosh Ku. Nanda and S.B. Mohanty
Opposite Party: DSGI P. K. Parhi; CGC A. Routray, B. S. Rayaguru, D. Gocchayat and M. K. Pati
