CUTTACK: Dismissing a batch of petitions, the Orissa High Court has held that though the Railways implement safety measures and regulations to prevent accidents, individuals who trespass on railway tracks are ultimately responsible for their own safety.
The batch of 19 petitions involved cases relating to deaths that occurred between 2012 and 2023 while crossing the railway track. The petitioners sought direction to the railway authorities to pay compensation against the unnatural death of their kin in a railway accident.
The single judge bench of Justice SK Panigrahi on Tuesday said, the railway tracks are designed for the safe passage of trains and not intended for pedestrian use.
“The evidence presented indicated that the deceased individuals perished as a result of being struck by a train while traversing the railway tracks. While the petitioners did not contest this fact, their counsels failed to substantiate any claims regarding the negligence of the railway authorities. Instead, they relied solely on appeals for the court’s sympathy,” Justice Panigrahi observed.
“While this court extends its deepest sympathies to the family of the deceased, it is imperative to note that mere sympathy cannot serve as a basis for compensating the family in the absence of a compelling legal argument. Railways often emphasise the importance of safety around railway tracks, but it is true that trespassing on tracks is a significant safety concern,” he stated.
He further added that a majority of the deaths every year on the railway tracks occurs due to crossing the tracks, which is an illegal act.
“Trespassing on tracks poses serious risks, including the danger of being struck by trains or encountering other hazards associated with the railway environment. Therefore, individuals who choose to cross railway tracks unlawfully assume the risk of potential accidents and cannot blame the Railways for the consequences of their actions,” he stated.
Expressing concern over trespassing on railway tracks, Justice Panigrahi said in 2021, a total of 1,752 rail deaths took place of which 1,114 were due to line crossing, 277 due to falling off trains and 258 due to natural causes.