Railway Accident Compensation -- Authorized Hawker of Catering Contractor -- Entitled to compensation as railway servant under Railways Act, 1989
(i) Railways Act, 1989, S.197(2) -- Railway Accident Compensation -- Authorized Hawker of Catering Contractor -- A person employed by a catering agency operating under a subsisting contract with the railway administration falls within the definition of "railway servant" for the purpose of accident compensation. Employment by a contractor engaged in connection with railway service satisfies the statutory requirement under the Act. (ii) Railways Act, 1989 -- Railway Accident Compensation -- No-Fault Liability -- Under the principle of no-fault liability, compensation is available irrespective of fault attribution. The defence of contributory negligence cannot defeat a claim where the railway administration fails to prove that the deceased deliberately caused self-injury. Crossing between compartments in a running train does not, by itself, establish deliberate self-inflicted injury sufficient to disentitle a claimant.
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