HIGH COURT AWARDS RS. 8.2 LAKH COMPENSATION FOR GUNSHOT INJURY CAUSED BY RAILWAY PROTECTION FORCE NEGLIGENCE

In a significant ruling, the High Court of Kerala has awarded compensation of Rs. 8.2 lakhs to a petitioner who suffered a gunshot injury due to the negligence of a Railway Protection Force (RPF) constable. The judgment, delivered by the Honourable Mr. Justice P.V. Kunhikrishnan, highlights the importance of holding the railway accountable for such incidents and providing adequate redressal to victims.

Justice P.V. Kunhikrishnan emphasized, “The Railway ought to have risen to the occasion and redress the grievance of the petitioner without asking the victim, like the petitioner, to lead a legal battle. All legal battles are worth fighting, but some are not worth winning.”

The petitioner, Manaf M., had sustained a bullet injury when the constable accidentally pulled the trigger of his service pistol at Trivandrum Central Railway Station in 2012. Despite admitting the incident and negligence, the railway contested the matter, raising jurisdictional objections and suggesting the petitioner approach the Railway Claims Tribunal.

Addressing the maintainability of the writ petition, the court rejected the objections and asserted its jurisdiction to determine compensation in the absence of a specific forum. The court referred to the Railways Act, 1989, and concluded that the incident did not fall within the definition of an “untoward incident” as per the act, hence justifying the intervention of the court.

Assessing the quantum of compensation, the court considered the petitioner’s trauma, the severity of the injury, the subsequent major surgery, and the resulting permanent disability. The compensation offered by the railway was deemed inadequate, and the court awarded a higher amount, stating, “The petitioner is entitled to a total amount of Rs. 8,20,000/- as compensation from the respondent Nos. 1 to 3 towards pain and suffering, future treatment, and loss of amenities.”

Recognizing the delay in providing compensation, the court awarded interest at the rate of 9% per annum from the date of the incident. Justice Kunhikrishnan expressed disappointment in the railway’s approach, stating, “The Railway unnecessarily dragged the petitioner into this litigation.” The court urged the railway to promptly address grievances and build citizen confidence.

The judgment sets a precedent for holding the railway accountable for negligence and ensuring fair compensation for victims of such incidents. It highlights the importance of swift redressal and emphasizes the responsibility of the railway to protect the rights and well-being of its passengers and citizens.

 Date of Decision: 20th July 2023

MANAF.M. vs UNION OF INDIA

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