Victim’s Negligence Not a Ground to Deny Compensation in Railway Accidents: Delhi High Court

The Delhi High Court held that negligence by the victim cannot be used as a reason to deny compensation in railway accident cases.

The Court explained that under the Railways Act, once an “untoward incident” like a fall from a train is proved, the Railways have strict (no-fault) liability. This means compensation must be given unless the case falls under specific legal exceptions.

The Court found that the Tribunal had wrongly rejected the claim by focusing on the victim’s alleged negligence.

Setting aside the earlier decision, the High Court directed reconsideration of compensation, emphasising that such laws should be interpreted in favour of victims.

[Dharamawati v. UOI]