Accident on railway track
Dear Sir, My father had met with an accident on railway track and in the course of treatment his both legs has to be amputated. Its really painful for him as well as entire family to face this situation. I am surprised there are laws that no one is allowed to cross the track and penalty will be imposed but Railway is not doing anything or making any infrastructure so that such incidences can be avoided completely. My intention on this is that the railways to make an infrastructure around the high density populated area so that people staying around cannot be able to cross the tracks and bound to use the other mode.
I need a suggestion whether anything against such act can be filed in court so that he or other such victims can be compensated.
Asked in Constitutional Law from Meerut, Uttar Pradesh
1) it is unfortunate that your father legs a had to be amputated as he met with accident while crossing tracks
2) railways decline to pay as injury is resulting from "carelessness or negligence",
3) in railway platforms notice board is displayed warning commuters not to cross tracks
4) further announcements are made on public address system not to cross tracks
5) yiu can seek compensation under provisions of section 124A from the railways for the untoward incident but the railways may refuse to pay as accident has arisen on account of your father criminal act , negligence in crossing railway tracks
You can file a PIL to make a scheme or rule on this issue which is absent till now.
Your father can claim compensation for the injury from the railway authority.
Till such scheme is framed you can not claim any additional damages.
1. Railways has installed manned railway crossings but people continue to cross it nonetheless. In western countries also the manned crossings are all that you have to prevent the vehicles and pedestrians from crossing over when the train is going to pass. The difference is obedience by people. You cannot deploy security personnel everywhere.
2. If the crossing was a manned crossing which your father crossed then railways cannot be made liable through a suit for damages.
3. A PIL can be filed against railways to install manned railway crossing wherever they are unmanned.