Kerala HC relief to man who lost legs while trying to board moving train in 2022
KOCHI: Setting aside a previous order of the Railway Claims Tribunal (RCT), the Kerala High Court recently held that a passenger who lost his legs while attempting to board a moving train was entitled to compensation. Justice S Manu delivered the ruling on a petition filed by Siddharth K Bhattathiri, 26, a journalist, challenging the RCTs decision denying him compensation on the ground that the injury he sustained in the 2022 incident was self-inflicted. The RCTs counsel had opined that since the petitioner attempted to board a running train, the injuries sustained were the result of his own actions and therefore did not qualify for compensation under the Railways Act. However, the HC, while allowing the petition, held the expression self-inflicted injury under the Railways Act refers only to injuries caused by a deliberate and intentional act. Injuries resulting from negligence or lack of caution cannot be categorised as self-inflicted, it observed. Based on the reasoning, the HC directed that the respondent shall pay a compensation of Rs 8 lakh to the petitioner and same shall carry interest at the rate of 6% from the date of accident. Advocates Adil P, Muhammed Ibrahim Abdul Samad and Shabeer Ali Mohamed appeared for Siddharth. On November 19, 2022, Siddharth, then a journalist with Kairali TV, was travelling on the Kochuveli-Hazrat Nizamuddin train. He alighted at Surat railway station to buy drinking water. When the train started moving, he attempted to board, but slipped and fell, and had to have both his legs amputated.
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