Deadly intersections

The Odisha High Court recetly awarded substantial compensation to the families of 13 victims of a fatal mishap at an unmanned level crossing near Sambalpur town. The ruling has put the Indian Railways under the scanner by highlighting a perennial menace that takes heavy toll of life and limb every year across the country.

A sizeable percentage of railway level crossings in India are unmanned. The authorities cite the lack of funds and manpower for this situation. Moreover, the railways have no provision for paying comensation for those that lose their lives in level crossing mishaps. Unless a court of law directs them to the contrary, the argument of the railways is that the general public is to blame for these casualties. People, officials assert, cross ungated railway tracks without exercising adequate caution.

The Odisha high court has now set a significant precedent by directing the railways to pay damages to the tune of Rs 5 lakh for each of those that were killed by a speeding train at Khairpali near Sambalpur town on August 24. The judges also reprimanded the railways for not adressing the problem of unmanned level crossings with the urgency it deserves.

In one of the worst-ever level crossing accidents in the Sambalpur railway division, 13 women, all farm hands, and the driver of a trolley-tempo were killed on the spot when the Bhubaneswar-bound Rourkela Intercity rammed into their vehicle. Six others were injured in the incident.

Railway officials plead inability to pay compensation to the victims of such mishaps under the existing system. They argue that the rules and regulations governing the responsibilities of the railways in the matter of paying compensation need to be changed. “We do not have the provision to pay compensation to accident victims other than valid passengers or staff as specified in the Railway Accidents and Untoward Incidents (Compensation) Amendment Rules, 1997, “ a senior official of the East Coast Railway, Bhubaneswar, says.

Of course, the railways do their bit by putting up a routine warning sign ahead of every unmanned level crossing. Therefore, officials feel, that it is the responsibility of the public to pay heed to the billboard and be cautious.

The tragic Khairpali accident triggered a furore in the state. Mass organisations and individuals demanded compensation for the families of the victims. Though the district administration and some philanthropic societies came forward to provide financial help to the affected families, the railways held the driver of the tempo responsible for the accident. He had chosen to cross the tracks even after spotting the speeding train, the officials said.

Everyone seemed convinced by the railways' argument but eminent social activist and Odisha high court lawyer Prabir Kumar Das differed. On August 28, he filed a public interest litigation, demanding compensation of Rs 10 lakh for each of the victims.

He argued that the railways should be more sensitive while dealing with such cases. “They cannot pass the buck. It is the duty of the railways to ensure public safety at all their level crossings. They must take proper measures by putting up gates. They should also construct underbridges and overbridges at such crossings. So I filed the case in the high court,” Das said while reacting to the verdict.

“I am happy that justice has been done. This is a timely verdict. I hope it compels the railways to be more humane while dealing with such incidents,” Das added.

After hearing the contentions of the counsels on both sides, the high court directed the railways to pay Rs 5 lakh for each victim of the accident as compensation. The division bench of the high court, comprising Chief Justice P Gopal Gouda and Justice BK Mishra, held the railways responsible for the accident.

The two-judge division bench also directed the railways to pay a compensation of Rs 1 lakh to one of the injured, Subasini Rana, and Rs 5,000 to Rs 35,000 to the other injured persons within two months from the date of filing the PIL, with a simple interest of 6 per cent per annum.

The division bench also directed the railways to eliminate all unmanned level crossings in the country within a period of six months by constructing overbridges and underpasses. The court also directed the police to deploy home guards at level crossings and to book drivers and others who cross the railway tracks with earphones on.
But railway officials are still tight-lipped on the issue. A senior officer of Sambalpur division revealed the railways would definitely challenge the verdict before the Supreme Court. “We cannot comment on the high court verdict but we do believe that steps would be initiated to challenge the ruling,” he said.

According to sources in the railways, there are as many as 32,735 level crossings across the country, of which 14,896 are unmanned. Former railway minister Dinesh Trivedi had assured Parliament that , by 2016, all unmanned crossings would be converted by either erecting overbridges/underpasses or by deploying gatekeepers. But he had to quit the ministry soon after.