A former judge of the Mumbai bench of the Railway Claims Tribunal (RCT), S Ananthanarayan, has slammed the railway ministry's plans to tweak compensation rules for accident victims in such a way as to absolve the railways of responsibility if the mishap had something or the other to do with mistake committed by the victim. Ananthanarayan, who retired in September last year as member (Technical) of Mumbai RCT, the country's largest, said tweaking rules would not absolve railways of its responsibility. It was Ananthanarayan's pro-active role that saw railways filing FIRs for the first time ever against fraudulent claims for railway accident compensation.
Why wouldn't it help railways?
"There is a concept of strict liability—case of Rylands vs Fletcher in the law of torts (see box)—where the principle is that if a person creates abnormally dangerous conditions, then he is liable, despite having taken 'all precautions'. The principle also implies that a victim is not liable to take special (elaborate) precautions. Since railways runs carriages at high speed and carry more passengers than the capacity of the coaches permit, and since doors are not kept closed, it is clear that railways has created abnormally dangerous conditions," Ananthanarayan said:
Onus of proving 'adventurism' on railways
Ananthanarayan said passengers are thus entitled to safety, of course, only provided they do not indulge in 'adventurism'. "But liability is first of the railways, and the onus of proving 'adventurism' too is on railways, and not on the victim. It would also be generally impossible for victims to prove that they had taken precautions. This has to be a presumption till proved incorrect," he said.
Bill may not pass muster in parliament
He said the bill (on this) would be contested in parliament and the government would be foolish to push it through. "In fact, the bill should be contested in a court as well even if it gets support in parliament," said the former RCT member.
For paying better compensation
Ananthanarayan, who emphasised the need for better compensation, said: "No doubt, the compensation paid in a year may be Rs 50 to100 crore, but do compare it to the revenue from Mumbai suburban in a year. There are also instances of mercenary advocates profiteering out of the RCT procedure, as well as cases of fraud. Parliamentarians, who are sympathetic to the passengers of Mumbai, also need to make sure that there is swift, exemplary action taken when these come to light," he said.
Rylands vs Fletcher (1868) was a decision by the House of Lords, which established a new area of English tort law. Rylands employed contractors to build a reservoir, playing no active role in its construction. When the contractors discovered a series of old coal shafts improperly filled with debris, they chose to ignore it and continue the work rather than properly blocking it. On December 11, 1860, shortly after being filled for the first time, Rylands's reservoir burst, flooding a neighbouring mine run by Fletcher, causing £937 worth of damage. Fletcher brought a claim under negligence. It led to the famous
'Rylands vs Fletcher' ruling that said: "The person who for his own purpose brings on his lands and collects and keeps there anything likely to do mischief, if it escapes, must keep it at his peril, and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape".
What's tort in law
A tort in common law jurisdictions is a civil wrong that unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act, called a tortfeasor.
Compensation chart (a case of too little?)
Death: Rs 4 lakh
Loss of both hands: Rs 4 lakh
Loss of one hand, one foot: Rs 4 lakh
Loss of both legs: Rs 4 lakh
Loss of eyesight: Rs 4 lakh
Severe facial disfigurement: Rs 4 lakh
Absolute deafness: Rs 4 lakh
Loss of both feet: Rs 3.6 lakh
Loss of thumb: Rs 1.2 lakh
Loss of four fingers of one hand: Rs 2 lakh
Loss of three fingers of one hand: Rs 1.2 lakh
Loss of two fingers of one hand: Rs 80,000.
DNA reports on the issue
Sept 7: Mutli-crore scam chugging along at railway claims tribunal.
Nov 23: Mumbai RCT sans judges.
Dec 2: Stop taking railway claims tribunal for a ride.
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