Mumbai, February 13: In a stern ruling on public safety and personal responsibility, the Bombay High Court has denied railway accident compensation to a passenger who was struck by a train while intoxicated. Justice Jitendra Jain, presiding over the case on February 11, held that while the event qualified as an "untoward incident," the passenger's state of inebriation - specifically the consumption of four large pegs of alcohol - invoked a statutory bar against compensation under the Railways Act, 1989.

A Decades-Old Claim Dismissed

The legal battle originated from an incident in the early hours of March 10, 2001. The claimant, a lab assistant, was waiting for a train to Borivali at Marine Lines station around midnight when he was knocked down by an approaching locomotive. The impact resulted in serious injuries, leading to a decades-long pursuit of damages that was first rejected by the Railway Claims Tribunal in 2014. Lonar Lake Water Level Rises Alarmingly, Bombay High Court Orders PIL to Protect Biodiversity.

The High Court noted that while the passenger was not crossing the tracks - a common reason for claim rejections - his proximity to the platform edge while heavily intoxicated constituted "risky conduct" that directly led to the accident.

The 'Four Pegs' Evidence

Central to the court’s decision was a medical report from Bombay Hospital, where the passenger was treated following the accident. The records established that the man had consumed four large pegs of alcohol before dinner that evening.

Justice Jain observed that this report was based on the patient’s own statement at the time of admission and had remained undisputed throughout the proceedings. The court emphasised that such a substantial quantity of alcohol impairs judgment, making it impossible for a person to accurately gauge the safety boundaries of a railway platform.

Statutory Bar and Legal Precedents

The ruling hinged on Section 124A of the Railways Act, which outlines exceptions to the "strict liability" usually imposed on the railways. Under this section, no compensation is payable if an injury is caused by:

  • Suicide or attempted suicide

  • Self-inflicted injury

  • Criminal acts

  • Acts committed in a state of intoxication or insanity

The appellant’s counsel argued that previous cases had granted compensation despite mentions of alcohol. However, the court clarified that those instances lacked the definitive medical evidence present in this case. Bombay High Court Rebukes BMC Commissioner Bhushan Gagrani Over Court Staff Election Requisition for Civic Polls in Mumbai.

A Judicial Warning on Alcohol

In a notable concluding reflection, Justice Jain invoked the words of American novelist F. Scott Fitzgerald: "First you take a drink, then the drink takes a drink, then the drink takes you." The court remarked that "alcohol ruins everything," citing its role in the breakdown of physical health, relationships, and careers. The bench underscored that the law must not reward conduct that endangers both the individual and the orderly operation of public transport.

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(The above story first appeared on LatestLY on Feb 13, 2026 03:35 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).