AHMEDABAD: The Gujarat high court has denied compensation to a sweeper who lost his leg in an accident while trying to board a moving train. Instead, the court said in a recent order that trying to hop on to a moving train should be an offence.
Under normal circumstances, boarding a moving train is not a crime. It becomes a crime only in cases where it endangers the life of another passenger. In such cases, the offence is punishable with a fine of Rs 500 and above under the railway laws. There is no provision for imprisonment.
However, the case of Pravinbhai Vaghela, the sweeper working with the PWD who lost his leg in Kalupur railway yard here while attempting to board a train on May 27, 2014, was different. No other person was injured in the accident.
Vaghela had boarded a local train from Kalupur railway station to Mahemdabad. While it stopped in Kankaria yard, another train, the Vadodara Intercity Express, was passing by at a slow speed. Vaghela jumped off the local train and tried to board the moving train as the latter would have taken him to his destination faster. But he lost balance and met with the accident.
After hearing the case and considering the provisions of the Railway Claims Tribunal Act, the HC said an attempt to board a train while it is in motion should be an offence. “This aspect can be looked into by the legislation in accordance with law,” the order read.
“...The rash and negligent act of trying to board such a train amounts to criminal negligence. The railways cannot be held liable for the incident in question,” Justice J B Pardiwala said in his order.
