Claim for ₹10 lakh compensation by person trespassing on railway track rejected

The Ernakulam bench of the Railway Claims Tribunal has dismissed a compensation application of ₹10 lakh filed by a person who sustained injuries due to unauthorised entry onto a railway track. The Tribunal delivered a significant decision in this case, where the individual had suffered serious injuries while attempting to cross the tracks at Mavelikara station.

Thomas John, a 59-year-old resident of Chengannur, had filed this application against Southern Railway. While rejecting the claim regarding the incident that occurred in May 2023, G. John Prasad, Member (Technical) of the Tribunal, observed that unauthorised entry onto railway tracks is an offence under Section 147 of the Railway Act, 1989, punishable by imprisonment, a fine, or both.

In its judgement, the Tribunal clarified that providing compensation to persons who commit an offence under Section 147 of the Railway Act would not only defeat the purpose of the law but would also be legally incorrect. The applicant had argued that he was crossing the railway tracks to catch a train on the opposite platform, but the Tribunal rejected this argument as well.

Contradictions in facts were also observed in this case. The applicant had claimed that on May 8, 2023, while travelling from Mavelikara to Chengannur in the Kollam-Ernakulam MEMU passenger train, he was injured after suddenly falling into the gap between the train and the platform. However, the Tribunal's investigation revealed that the accident occurred while he was attempting to reach the platform to board the train. The Tribunal further noted that the applicant had not presented the true facts before the Tribunal and had twisted the facts to obtain illegal financial gain.

The case emphasised the rules under the Railway Act and the impossibility of obtaining compensation due to unauthorised entry onto the tracks.