#railway liability

Gujarat High Court rules that a passenger's death due to a sudden train jerk qualifies as an 'untoward incident' under Section 123(c) of the Railways Act, entitling heirs to compensation. The judgment rejects the Railway Claims Tribunal's narrow interpretation and reinforces a liberal, beneficiary-focused reading of the statute, impacting all railway liability claims for in-transit accidents.

Gauhati High Court rules that railways cannot escape liability for wet damage to perishable goods booked under 'owner’s risk' if negligence-such as leaky wagons, delayed transit, or failure to act on perishability warnings-is established. The judgment reinforces that Section 97 of the Railways Act imposes a duty of care even under risk-shifted contracts, impacting consignors of perishable cargo.

Rajasthan High Court upholds compensation for delayed and damaged goods transport, emphasizing railways' liability for negligence in commercial activities.

Kerala High Court holds that possession of a valid railway ticket establishes bonafide passenger status; compensation awarded where injuries align with fall from train, not run-over.