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Supreme Court of India 2016-07-05 allowed

Anil Kumar Gupta vs Union of India & Ors

Bench: 2 — Uday U. Lalit

In Brief

On 1 February 2011, hundreds of ITBP recruitment candidates climbed onto the Himgiri Express near Bareilly, fleeing a chaotic mass recruitment event. As the train sped at 75 kmph, it struck a low-clearance railway overbridge near Shahjahanpur; 20 persons died and many were injured. The Court held the Railway Administration liable despite candidates' contributory negligence, finding it owed a heightened duty of care, knowing both the danger and the structural deficiency. The judgment awarded Rs. 5 lakhs for each death, Rs. 1.5 lakhs for permanent disability, Rs. 75,000 for grievous injury, and Rs. 25,000 for simple injury. It also directed the Railways to establish a committee to identify and remedy clearance infringements nationwide within two years, and ordered all Central Police Organisations to cap recruitment calls at 600 candidates per day."

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Administrative Law Tort and Vicarious Liability Compensation and Damages Railway Law Duty of Care Public Interest Litigation Constitutional Law

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