628+ Lawyers are online 
Theft of luggage and FIR done can i claim compensation for same
23-Oct-2023 (In Criminal Law)
my family is travelling from VARANASI JN TO SOLAPUR in 16230(date 22 Oct 16) class II AC coach A1 BERTH NO 45,46 on PNR 2122927132.Their luggage is stolen en route somewhere near KATNI today morning.FIR is lodged at JABALPUR RAILWAY STATION.please guide if I can get claim for the stolen luggage.what is the procedure and other rules.
Generally travellers r supposed to take care of their belongings. For claim you have to prove negligence on part of railways. Otherwise wait for FIR filed and police investigation. Railways only have liabilty if they hav taken any responsibility for goods.
Helpful?
37+
37+
Adv. Anurag Bhati
Greater Noida | 400+ Answers
Chat
Yes you have right to claim against railway. You are consumer in a railway and railway is responsible for your security .. there is too many rulinggs for right of railway travellers.. go consumer and tribunal also
Helpful?
29+
29+
Adv. Markanday Singh
Allahabad | 25+ Answers
CONTACT NOW
Depend upon the fact and circumstances along With a cloud clear situation advocate can suggest or shall work in proper.
But, if you seeks effective remedy may opt any of the consultation you feel free.
But, if you seeks effective remedy may opt any of the consultation you feel free.
Helpful?
28+
28+
File a Case under Consumer Protection Act 1986 .It is highly recommended to file a case in State Commission directly by making a claim above 20,00,000 as the cost of mental agony because if you will file a case in District Forum you will again have to file an appeal in State Commission .This will save your two years.
YOU CAN REFER MORE THAN 100 CASES FEW OF THEM ARE
S/W Railways V/s Pinki Gupta 2008 CPJ 184 (CP) SGTC
Before parting with this case, we would like to observe that passengers possessing unreserved tickets, sales persons and other strangers casually sit and travel in reserved compartments and the railway staff does not seriously object to this. This poses a risk not only to the passengers traveling the reserved compartments but also to their luggage. For having collected reservation fee, the railway department is bound to provide sufficient safety to the passengers traveling in reserved compartments. The railway department should provide one guard at each door of the reserved compartment round the cloak and take all safety measures. We hope the railway department will take immediate steps in this regard in the interest of the public.
Sumati Devi M. Dhanwantay v Union of India II (2004) CPJ 27 (SC),
hile dealing with the concept of deficiency in service and liability, held that he railway administration was expected to take reasonable steps to safeguard the interests of passengers against any incident of theft by unauthorized passengers. In this case, the lady passenger was traveling from Nagpur to Bombay by Howrah Bombay Mail and was carrying luggage which included gold, pearl, silver and diamond jewellery and other valuables valued at Rs. 1,11,756/- While she was traveling she was assaulted by some unauthorized passengers and her gold, silver, pearl, diamond and other valuables were taken away forcibly. This incident occurred on 4-12-1991.
Thousands of persons entered into the compartment and assaulted the passengers, including the appellant. The crowd was so violent that they broke the doors, windows, glass panels, seats, berths and toilets etc. The crowd committed so many other illegal acts of assaulting the bona fide passengers. They molested the women and even raped the young girl passengers. The appellant pulled the alarm chain three times as a result of which the train stopped at Igatpuri station. She along with other bona fide passengers got down at that station and approached the railway authorities for protection but without any assistance. On reaching Bombay, she lodged a complaint with the police about the incident and approached the Consumer Disputes Redressal Commission, claiming compensation of Rs. 9,32,256/- it was held that the railway administration cannot escape the liability having regard to the facts and circumstances of the case and in the light of the incident that had taken place.
The THE RAILWAY PROTECTION FORCE (AMENDMENT) ACT, 2003 makes RPF also liable towards your claims.
YOU CAN REFER MORE THAN 100 CASES FEW OF THEM ARE
S/W Railways V/s Pinki Gupta 2008 CPJ 184 (CP) SGTC
Before parting with this case, we would like to observe that passengers possessing unreserved tickets, sales persons and other strangers casually sit and travel in reserved compartments and the railway staff does not seriously object to this. This poses a risk not only to the passengers traveling the reserved compartments but also to their luggage. For having collected reservation fee, the railway department is bound to provide sufficient safety to the passengers traveling in reserved compartments. The railway department should provide one guard at each door of the reserved compartment round the cloak and take all safety measures. We hope the railway department will take immediate steps in this regard in the interest of the public.
Sumati Devi M. Dhanwantay v Union of India II (2004) CPJ 27 (SC),
hile dealing with the concept of deficiency in service and liability, held that he railway administration was expected to take reasonable steps to safeguard the interests of passengers against any incident of theft by unauthorized passengers. In this case, the lady passenger was traveling from Nagpur to Bombay by Howrah Bombay Mail and was carrying luggage which included gold, pearl, silver and diamond jewellery and other valuables valued at Rs. 1,11,756/- While she was traveling she was assaulted by some unauthorized passengers and her gold, silver, pearl, diamond and other valuables were taken away forcibly. This incident occurred on 4-12-1991.
Thousands of persons entered into the compartment and assaulted the passengers, including the appellant. The crowd was so violent that they broke the doors, windows, glass panels, seats, berths and toilets etc. The crowd committed so many other illegal acts of assaulting the bona fide passengers. They molested the women and even raped the young girl passengers. The appellant pulled the alarm chain three times as a result of which the train stopped at Igatpuri station. She along with other bona fide passengers got down at that station and approached the railway authorities for protection but without any assistance. On reaching Bombay, she lodged a complaint with the police about the incident and approached the Consumer Disputes Redressal Commission, claiming compensation of Rs. 9,32,256/- it was held that the railway administration cannot escape the liability having regard to the facts and circumstances of the case and in the light of the incident that had taken place.
The THE RAILWAY PROTECTION FORCE (AMENDMENT) ACT, 2003 makes RPF also liable towards your claims.
Helpful?
38+
38+
Adv. Ritu Sood
Lucknow | 25+ Answers
CONTACT NOW
Yes you can get claim for the stolen luggage .you already registered FIR so go to railway claim tribunal for the compensation.pls do attaché your copy of FIR along with application . And reservation details also
Helpful?
43+
43+
Adv. Lubna Ishrat
Noida | 200+ Answers
CONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Criminal lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
