Supreme Court Quashes Compensation Order in Theft Case

The Ministry of Railways, Government of India, issued a notification (No. 2023/Sec(Crime)/45/36) on 21.06.2023, informing all Zonal Railways about the Hon’ble Supreme Court Judgment Order dated 15.06.23 in Civil Appeal No.7116/2017. The case involved Station Supdt & Anr. Vs. Surender Bhola.

The Supreme Court stated that the Railways cannot be held responsible for the theft as it is the passenger’s responsibility to safeguard their belongings. They concluded that the theft cannot be considered a deficiency in service by the Railways.

Hon’ble Supreme Court Judgment Order dated 15.06.23 in Civil Appeal No.7116/2017 in case of Station Supdt & Anr. Vs. Surender Bhola

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

No. 2023/Sec(Crime)/45/36

New Delhi, Dated: 21.06.2023

The General Managers,
All Zonal Railways.

Sub:- Hon’ble Supreme Court Judgment Order dated 15.06.23 in Civil Appeal No.7116/2017 in case of Station Supdt & Anr. Vs. Surender Bhola.

Please find enclosed herewith a copy of Hon’ble Supreme Court’s Judgment Order dated 15.06.23 in case of Station Supdt & Anr. Vs. Surender Bhola.

In the subject Order, the Hon’ble Supreme Court has set aside the orders passed by the Hon’ble District Consumer Forum and Hon’ble National Consumer Dispute Redressal Commission for payment of compensation of Rs.1 lakh by Railways to the respondent for theft of his valuables during train journey.

The Hon‘ble SC order in this Appeal case reads as under :-

“We fail to understand as to how the theft could be said to be in any way a deficiency in service by the Railways. If the passenger is not able to protect his own belongings, the Railways cannot be held responsible.

Accordingly, we allow the appeal and set aside the orders passed by the National Consumer Disputes Redressal Commission, State Consumer Dispute Redressal Commission and the District Consumer Forum.”

The enclosed judgment may be circulated to all the field units for information and necessary action in such type of cases as it is an important judgment in favour of Railways.

Encl:- Hon’ble SC order dated 15.06.23.

(Sumati Shandilya)
Inspector General/HQ
Railway Board
Tele: No.011-23385836
Email ID: sumati.shandilya [at] gov.in
4th Floor, Room No. 434

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