Public Transportation Injury Claim Filing
 Under Indian Law
Problem
Public transport is the lifeline of India’s infrastructure and of millions of daily commuters. Whether it is a bus, train, metro, or any other means of transportation carrying its citizen on an everyday basis. However, accidents, falls, or even sudden stops bring physical distress, emotional stress, and financial burden upon the victims.
In cases involving public transport, the injured victims usually do not even know how much would be owed to them. They never thought that they could make damage claims over their injuries. The complexity around these laws scares them off from filing any cases.
The intensity of this ignorance creates problems in that people go through financial breakups in a bid to raise the money, which they will be using to offset the medical costs while at the same time trying to shy off work; yet no one makes compensation over the discomforts they face.
Restlessness
Imagine yourself on a tight bus ride to work when suddenly, this bus driver slams on the brakes desperately not to collide with something and you fall. You have injuries and you are in pain, but now, you owe mounting medical bills. Or perhaps, you got injured after a metro accident attributed to poor maintenance. Your injuries cannot let you out for work, and both your physical and financial recovery seems enormous.
So, you begin calling your friends and family in the hopes of some basic enlightenment on your position in law. Well, being honest here, they can’t really enlighten you as to the best course in this regard.
Several questions start racing through your brain:
- Can I file a claim for injury cases to be caused by public transportation?
- Is it the government or transport organization job or the driver’s?
The procedures when making claims for injury are very long. You simply cannot make sense of handling all of this alone and hence are frustrated, not knowing what else to do.
Solution:
The good news is that under the Indian law, an injured person is entitled to make a Public Transportation Injury Claim in case there’s been an injury on account of negligence. Be it an accident, bad maintenance, or deficient safety provision; you are entitled to compensation.
A claim may recover medical expenses, lost wages, and even compensation for emotional distress.
This Article educates you about the filing of Public Transportation Injury Claims in India.
It outlines the legal framework, using the help of real case studies and steps that can ensure the fair compensation against the injuries.
Public Transportation Injury Claim Filing in India: A Legal Framework, Real Case Studies, and Steps to Take
In India, injury and death from public transport are governed by various categories of laws and legal framework.
The regulating body or authority may vary depending on the type of transport service provided. To understand these better, this is followed by an enumeration of some important law and authorities:
1. Motor Vehicles Act, 1988
This Act covers road transport accidents, also includes other public transport such as buses. And in this Act, Section 165 allows lodging a complaint for injuries or loss of life caused by an accident.
2. Consumer Protection Act, 2019
If the injury occurs due to inadequate service by an organization transporting passengers (like dirty conditions, and other safety measures not being strictly in place), the case can be brought under the Consumer Protection Act.
3. Railways Act, 1989
Compensation claims can be filed under this Act for injuries sustained while traveling on Indian Railways under Section 124A, which covers “untoward incidents” in general, including accidents and failure.
4. Employees Compensation Act, 1923
Where the injury is sustained to an individual while traveling on public transport used for the purpose of work-for example, the bus or train driver or conductor, Employees Compensation Act applies.
5. Insurance Policies
Most organizations operating public transport have insurance cover that the victims can utilize and recover damages from the sustained injuries. Whether mode of transport at the time of incident was insured noted
Real Case Study: The Uphaar Cinema Tragedy
One such landmark case that particularly emphasizes injury claims within the nature of public transportation is the Uphaar Cinema Fire tragedy. Though it was not a matter of public transportation per se, it did discuss public safety and its obvious negligence that led to several injuries and deaths.
In fact, the Supreme Court of India has pronounced verdicts to the extent that public institutions have a legal obligation for providing safety. Failure in doing so will confer liability on the part of the institution. Even in such cases of negligence, a claim must be filed. The injured ones and family members of the dead were compensated in such a judgment.
Moreover, if you suffered an injury due to the negligent operation or maintenance of public transports, the responsible authority will liable for your claim.
Famous Indian Judgment related to Public Transport Injury Claims
1. Rudul Sah v. State of Bihar (1983)
Fact: This one was a false confinement case, but the judgment also involved discussion on state responsibility for injuries or damages suffered arising out of public negligence, which incidentally is a tangential contribution to the principles applied to public transport injury claims.
Outcome: The high court held that the state was liable to compensate the victim for acts tortiously committed by its officials, which set a precedent of state liability for cases of injury in public interest, including transportation-related ones.
2. Raj Rani v. Union of India (2009)
Abstract: A family of a victim approached for compensation in the form of death, which was caused due to negligence in public transport, Indian Railways.
Outcome: The Supreme Court pronounced the verdict in the victim’s family’s favour and ordered compensation payable from Railways, thus sending a strong message that public transport operators wouldn’t get away scot-free in case of a disaster or negligence occurring.
3. Kunal Saha v. AMRI Hospitals & Ors. (2013)
Case Summary: Even though it was a case of medical negligence, it set standards for compensation to be awarded to the negligence victims. It indirectly decided the course of compensation judgment against public transportation cases as well.
Outcome: The Supreme Court awarded one of the highest compensation awards in India which had been linked to negligence case, surely would influence future judgments on cases related to injury, even public transportation.
4. MCD v. Uphaar Tragedy Victims Association (2011)
Summary: It was a case related to the fire in the Uphaar Cinema which was caused by negligence that led to the deaths of many people and several injuries. While not entirely a transportation case, it did relate to liability of the public sector for safety.
Outcome : The court meted out severe penalties, and awarded compensation and damages in addition to providing the reasons that safety and maintenance would have priority in public institutions like the transportation services.
5. Union of India v. Prabhakaran Vijaya Kumar (2008)
Information : A train accident killed a railway ticket holder. He was survived by his family members who case filed a case against the Railways for damages under the Railways Act.
Outcome: The Supreme Court declared that Railways was vicariously liable for awarding the liability amount to the victim family, and in doing so, cleared that rail accidents are “untoward incidents” under the Railways Act which it made easier for passengers to file their claims.
6. Rajesh & Ors v. Rajbir Singh & Ors (2013)
Case Summary: It was an accident case, which proved fatal for the cause of a public transport vehicle.
Outcome: The Supreme Court increased the damages award to the victim’s family and, in so doing, set precedents on the delivery of “just compensation” for automobile accidents which would necessarily include public transport.
7. Savita Garg v. Director, National Heart Institute (2004)
Summary: It was a medical negligence case, but there was established an award of compensation under the facts where public services, such as public transportation, had failed to provide for safety.
Outcome: The court reiterated the obligation of duty care by public service providers, that will shape subsequent cases regarding public transportation injury claims.
8. Nilabati Behera v. State of Orissa (1993)
Summary: This case was largely custodial death, but under this case, the court declared the principles relating to state liability for negligence and default to provide public safety, and those principles shall be invoked in cases of public transports also.
Outcome: The Supreme Court awarded compensation to the victim’s family and strengthened the compensation concept for state negligence.
How to File a Public Transportation Injury Claim
Public Transportation Injury Claim Filing is not something that should be done impromptu so you know for a fact that you’re exercising the right process in the law. Here’s the step-by-step guide that will help you out:
1. Medical Treatment
First, go to a hospital or any other medical facility for first aid. Keep all your medical records, which include your bills, diagnosis reports, and prescriptions. You will need them when making your claim.
2. Crediting of the Incident
Collect as much evidence possible immediately after the accident. Photograph the accident scene, contact details of all witnesses, details about the transport service including the number of the bus, the coach of the train, etc., available. Any CCTV footage in the area can be very useful.
3. File a Police Complaint
For road accidents, you’ll have to go to the police station and file a First Information Report. You will also find this to be an important document, in case of filing a claim.
4. Notifies the Transportation Authority
Public transport services, be it the Indian Railways or the city bus services, usually have an official procedure to file complaints in case of an accident or injury. Never forget to file a written complaint to the concerned authority, regarding the incident as well .
5. Hire a Lawyer for Personal Injury
Filing a Claim for Public Transportation Injury is rather complicated. Having a good personal injury attorney, he/she will ensure that your claim is processed in a professional manner. He/She can aid you in all paperwork, gathering of evidence, and negotiations.
6. File the Claim at the Insurance Company
If the transport service was insured, then your attorney can prove very helpful in filing a claim against their insurance company. Get ready with medical records, evidence of its occurrence, and evidence of negligence.
7. Court Proceedings
If the insurer continues to refuse to pay or in case of a dispute, then you might have to resort to suing. Depending upon your situation you may be able to file a Motor Vehicles Act, Consumer Protection Act, or Railways Act. Your lawyer would guide you as to what legal recourse would apply in your case.
Some Common Problems and How to deal with it
1. Proof of Negligence
Most of the dilemmas in filling up a Public Transportation Injury Claim arise when one needs to prove the transport authority was negligent.
For example, if such a case would be like a bus accident, was the driver speeding?
Was the vehicle properly maintained?
All these have to be answered using evidence such as maintenance records or account from other people.
2.Compensation Delay
Sometimes the case even goes to court that leads to long-drawn claims. However, one need not do much but only ensure that all is in order and have an experience lawyer deal with the case, which will hasten the process.
3. Lower Insurance Settlements
Normally, insurance firms usually pay the settlement at a low figure. Seek legal representation before you settle for the amount offered. You may require so much more than what is being offered at the time.
Case Study: Actual Accident Case Mumbai Local Train Accident A passenger suffered grievous injuries while boarding a local train in 2019. The train started moving while the passenger was still not fully inside the train and fell, thus suffering grievous injuries.
The case is filed under Public Transportation Injury Claim under the Railways Act of 1989.
Here is an example of how the bodies of government where public transport is found can also be held liable in case of an accident due to negligence or poor safety record. The Railway Claims Tribunal awarded compensation on behalf of the victim against medical costs, wage loss, and pain and suffering.
What Compensation Do I Recover?
In the case of Public Transportation Injury Claim, the victims can get back all these kinds of damages and many more.
• Medical Expense: Compensation towards hospital stay, medicine, therapy, or some other treatment.
• Loss of Earnings: One earns compensation for the loss of earning that one had during the process of recovery from injury.
• Pain and Suffering: The amount to be paid as recompense for the physical pain, and any mental suffering which, due to injuries, one had to suffer.
• Disability or Permanent Damage: Compensation payments can be received by the victim in case permanent disability has resulted from injuries.
• Attorney Fees: For some claims, attorney fees paid at the process time can be earned as compensation for a victim.
Conclusion on Public Transportation Injury Claim Filing
Injuries incurred in public transportation prove to become a nightmare that will never end for its victims. On the other hand, the knowledge of rights while Public Transportation Injury Claim Filing will indeed be helpful enough to achieve the amount of compensation due to you.
Through the outlined steps in this guide, you can ascertain the entire claim process with full confidence knowing that the law is indeed on your side.
See a lawyer so you could understand the finer details of what exists in your case, so you wouldn’t miss out on the window provided in which you can present a claim. You act today and don’t let a negligent injury go unpaid.
Disclaimer
This blog provides general information on Public Transportation Injury Claim processes under Indian law. It is not intended to serve as legal advice. For specific cases, it is recommended to consult with a qualified legal professional.