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Rediff.com  » Business » Railways to compensate for baggage loss

Railways to compensate for baggage loss

By Rosy Kumar
January 20, 2003 17:46 IST
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Can a passenger travelling in a reserved coach hold the railways responsible if his luggage is stolen? Until very recently the railways have always sheltered behind the rules and claimed that passengers are responsible for looking after their luggage.

Now, the consumer courts have swept aside that shield and held the railways squarely accountable in certain cases.

Sanjiv Dilsukhraj Dave and his wife Rupaben Sanjiv Dave, were travelling by the Girnar Express from Junagadh to Ahmedabad on February 24, 1993. The couple was sleeping in a reserved coach and their baggage was stowed away below their berths.

Around 4 am thieves entered the comparment and stole one of their suitcases. The couple put in a claim for Rs 50,150 but this was rejected by Western Railways. The railways argued that passengers have a duty to look after their own luggage.

Dave filed a complaint with the district consumer disputes redressal forum arguing that the railways had failed in its services. The forum awarded him Rs 15,000 plus interest at 18 per cent and costs of Rs 1,000. The state commission upheld the decision.

Aggrieved by this decision, the railways filed a petition before the National Commission. In its detailed judgement handed down on October 23, 2002 the Commission held the railways liable for the loss.

Similarly, M  Kanthimathi and her husband were in a reserved compartment when thieves entered and snatched her gold chain. Kanthimathi filed a complaint with the district consumer disputes redressal forum, which directed Southern Railways to pay Rs 15,840 towards the value of the jewellery and Rs 10,000 as  compensation for mental agony and harship.

The couple were also allowed costs.

The state commission reversed the district forum's order. The state commission relied on the provisions of Section 100 of the Railways Act, 1989. That section exonerates the railways for any loss, destruction and damage of any baggage unless it is proved that the loss was, "due to the negligence or misconduct on its part or on the part of any of its servants." 

Kanthimathi filed a revision petition before the National Commission.

The National Commission pinned responsibility on the railways. It pointed out, "firstly, entry of unauthorised persons was not blocked and secondly after the crime no assistance was offered to the complainants by the railway authorities."  It also observed that the state commission, "had not taken a pragmatic view of the matter," while setting aside the district forum's order.

It ordered Southern Railways to pay the compensation awarded by the district forum with additional costs of Rs 2,000.

While hearing these cases the National Commission made a distinction between passengers travelling in unreserved compartments and those who are in the reserved ones. It was held that the railways has additional responsibilities to passengers with reservations.

The court also observed that, "the price difference between the unreserved ticket and a reserved ticket is quite high and the travelling public who buy a reserved ticket would expect that they can enjoy the train journey with a certain minimum amount of security and safety."

Don't forget that the railways lays down a number of duties for Train Ticket Examiners in sleeper coaches. It has been laid down in the manual that, "it is the duty of the TTE to check the tickets of the passengers in such coaches, guide them to their berths and prevent unauthorised persons from the coach."

Under these rules the TTE also has to ensure that coach doors are kept latched when the train is moving. It is also his duty to ensure that the end doors of vestibuled trains are kept locked between 10 pm and 6 am to prevent outsiders entering the coach.  He shall, "remain vigilant particularly during night time and ensure that intruders, beggars, hawkers & unauthorised persons do not enter the coach."

Despite all this, the railways has always tried to shelter behind the outmoded rules that have been framed. In one of the above judgements, the court went to the extent of observing that: "One has to presume that the passenger would take reasonable care of his luggage.

"But, he cannot be expected to take measures against intruders getting easily into reserved compartments and running away with goods when the railway administration is charged with the responsibility to prevent such unauthorised entry.  We have entered the 21st century and we cannot carry on our daily life in the same age old fashion with bearing brunt of indifferent service provided by public authorities like Railways."

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