India’s top court ruled that railways will be liable to pay compensation to passengers in case of death or injury while boarding and deboarding trains, officials said Thursday.

“The apex court yesterday said death or injury while boarding or deboarding a train is an untoward incident which entitles a passenger to compensation,” an official said. “The railways cannot deny such claims citing negligence on the part of passengers.”

The court, however, said mere presence of a body on the railway premises would not be considered the injured or deceased was a bona fide passenger and the onus will be on claimant to prove his case by providing relevant documents. The apex court’s judgment came in an appeal filed by federal government which had approached the court against Patna High Court order awarding a compensation 5,940 U.S. dollars to the wife of a person who fell down from a train due to rush of passengers and died on the spot in 2002.

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