September 9, 2021 11:45 AM
Railways liable to compensate for ‘delay and late arrival of trains’ unless proven beyond control. In a significant order, the Supreme Court has said that every passenger’s time is “precious” and the Railways is liable to pay the compensation for “delay and late arrival of trains’ unless it proves that the delay was due to the reasons beyond their control.
The apex consumer panel had confirmed the order of compensation passed by the consumer courts below allowing the complaint of one Sanjay Shukla who along with three others missed the connecting flight to Srinagar in 2016 as the train reached four hours behind the scheduled arrival at Jammu Tawi station. They had boarded the train at Alwar in Rajasthan.
Railways liable to compensate for ‘delay and late arrival of trains’ unless proven beyond control. The top court upheld the verdict of the NCDRC which had directing the Northern Western Railway to pay Rs. 15,000 for taxi expenses, Rs.10,000 towards booking expenses along with Rs 5,000 each towards mental agony and litigation expenses.
It did not agree to the contention that late running of train cannot be said to be deficiency in service on Railways’ part and certain rules said that there shall not be any liability to pay compensation for late running of train as there may be number of reasons for such delayed running of trains.
“Therefore, unless and until the evidence is laid explaining the delay and it is established and proved that delay occurred which was beyond their control and/or even there was some justification for delay, the railway is liable to pay the compensation for delay and late arrival of trains,” the bench said in the order uploaded on Monday.