Railways Liable Even for Deaths During Unauthorised Track Crossing: Madhya Pradesh High Court

The Madhya Pradesh High Court ruled that the Railways is liable to compensate victims even when deaths occur during unauthorised track crossing. The case involved the death of a 3-year-old child and two women who were run over by a train while attempting to rescue him.

The Court held that such deaths qualify as an “untoward incident” under Section 124-A of the Railways Act, 1989, entitling the victims’ families to compensation.

The Court observed that negligence of the Railways in failing to install fencing, barricades, security, or public warnings contributed to the tragedy, and such lapses cannot absolve it of statutory liability.

[Union of India v Sarita Ahirwar & Ors.]