SC: Reserved Category Candidate Who Availed Prelims Relaxation Cannot Claim an Unreserved Seat  ||  SC: Public Sector Enterprises Cannot Act Against Retired Employees Without Clear Rules  ||  Supreme Court: Single FIR is Permissible in Mass Cheating Cases Arising From One Conspiracy  ||  SC: Courts Cannot Take Cognizance of Time-Barred Cheque Bounce Cases Without Condoning Delay  ||  SC: Exoneration in Disciplinary Proceedings Does Not Always Bar Criminal Prosecution  ||  SC: Judge Cannot Be Presumed Biased Merely Because a Litigant’s Relative Is Police or Court Staff  ||  Delhi HC: Delays From Medical Review Cannot Justify Ante-Dated Seniority For BSF Candidates  ||  Allahabad HC: Being ‘Proclaimed Offender’ Does Not Completely Bar Grant of Anticipatory Bail  ||  Delhi HC: Abortion by a Married Woman For Marital Discord is Legal under The MTP Act  ||  NCLT Kochi: Fraud Has No Time Limit and Directors Cannot Use Delay As a Defense    

Union of India and Ors. v. Ranjan Kumar - (National Consumer Disputes Redressal Commission) (26 Feb 2016)

Passenger to be compensated for theft even in non-identification of railway employee

MANU/CF/0046/2016

Consumer

The National Consumer Disputes Redressal Commission ruled that the Indian Railways is liable to compensate a passenger for the loss suffered on account of the theft committed by a railway employee. It added that in instances of theft, it may not always be possible to identify the employee or locate him or her even if it is established that the loss to the consumer took place on account of the misconduct of the employee. It interpreted the Consumer Protection Act and various Supreme Court judgments to vitiate Railways' arguments avoiding liability for the lost or stolen luggage. The Commission also equated "the view of the Supreme Court in the cases where the complainants suffer on account of negligence of the State employee would equally apply in a case where he suffers on account of the misconduct such as theft or misappropriation." The Railways had argued that loss or damage of a passenger's luggage by one of its employees would not vicariously make it liable for damages.

Relevant : Section 2 Railways Act, 1989 Section 100 Railways Act, 1989 N. Nagendra Rao & Co. vs. State of Andhra Pradesh MANU/SC/0530/1994 S.K. Alagh v. State of Uttar Pradesh & Ors. MANU/SC/7162/2008

Tags : RAILWAYS   EMPLOYEE   THEFT   VICARIOUS LIABILITY  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved