RAILWAYS NOT LIABLE FOR PASSENGER'S STOLEN CASH: SUPREME COURT

On June 15, 2023: In a significant ruling, the Supreme Court of India has held that the Railways cannot be held responsible for the theft of a passenger's belongings. The judgment was delivered in the case of Station Superintendent & Anr. v. Surender Bhola (Civil Appeal No. 7116/2017). The Court stated, "We fail to understand as to how the theft could be said to be in any way a deficiency in service by the Railways. If the passenger is not able to protect his own belongings, the Railways cannot be held responsible."

Surender Bhola had raised a claim before the District Consumer Forum, seeking reimbursement of Rs. 1 lakh in cash that was stolen while he was travelling in a train. Bhola alleged that the cash, which was carried in a belt tied around his waist, was stolen, and therefore, the Railways should compensate him for the loss. The District Consumer Forum had awarded Rs. 1 lakh in favor of Bhola, a decision upheld by the State Consumer Dispute Redressal Commission and the National Consumer Disputes Redressal Commission.

However, the Supreme Court disagreed with the lower courts' decisions and overturned them, highlighting the passenger's responsibility to safeguard personal belongings. "If the passenger is unable to protect his own belongings, the Railways cannot be held responsible," the Court held. It further stated that the theft could not be considered a deficiency in service by the Railways.

The judgment, delivered by a Vacation Bench comprising of Hon'ble Mr. Justice Vikram Nath and Hon'ble Mr. Justice Ahsanuddin Amanullah, emphasized that the Railways cannot be held liable for the loss suffered by a passenger due to the passenger's own negligence or failure to protect their belongings.

The ruling clarifies the position of the Railways regarding the liability for theft of passenger belongings and sets a precedent for similar cases in the future. Passengers will now bear the responsibility of ensuring the safety of their personal belongings while traveling on trains.

Date of Judgment: June 15, 2023

STATION SUPERINTENDENT  & ANR.  vs SURENDER BHOLA