With the registration of an FIR by the Thane GRP against two railway officials in connection with the Mumbra train accident on June 9, the next of kin and victims can now seek compensation under the law of vicarious liability. Initially, the CR probe had blamed commuters for hanging out of the train with backpacks, but with the FIR in place, railway officials can now be held accountable for the incident. This shift in responsibility opens the door to legal claims against the railways for compensation, say legal brains.

Railways’ responsibility

“The police investigation revealed that railway staff left a newly replaced track unwelded, directly linking the accident to official negligence. This omission establishes clear causation and invokes the doctrine of vicarious liability, making the Union of India, through the railways, accountable for the acts of its employees in the course of their duties,” explained Dr Aditi Suresh Mane, assistant professor, Maharashtra National Law University, Mumbai.