Railway tribunal rejects ₹10 lakh claim, says trespassers on tracks not entitled to compensation

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The Ernakulam Bench of the Railway Claims Tribunal dismissed an application seeking compensation of ₹10 lakh filed by a man who sustained serious injuries while attempting to cross a railway track at Mavelikkara station in May 2023.

The petition was filed by Thomas John, 59, a native of Changanassery, against Southern Railway. While dismissing the claim, G. John Prasad, Member (Technical) of the tribunal, observed that Section 147 of the Railways Act, 1989, treats trespassing on railway tracks as a criminal act punishable with imprisonment, fine, or both.

“If victims of such incidents, who have committed a crime under Section 147 of the Railways Act, are compensated, not only will the spirit in which the legislation was enacted be defeated, but it will also be bad in law,” he said.

Mr. Prasad rejected the petitioner’s argument that he had crossed the railway tracks only to catch a train on the opposite platform.

“It is also relevant to mention here that the applicant has not approached the Tribunal with clean hands and has twisted facts to gain an illegal monetary benefit,” the tribunal said.

The applicant claimed that he was injured after accidentally falling into the gap between the train and the platform while travelling from Mavelikkara to Changanassery on the Kollam-Ernakulam MEMU passenger train on May 8, 2023. However, the tribunal found that the accident occurred while he was attempting to access the platform to board the train.

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