'First You Take A Drink...': HC Denies Injury Compensation To Intoxicated Mumbai Train Passenger

Last Updated:February 13, 2026, 18:02 IST

The court found that the passenger had consumed four large pegs of alcohol before the incident.

The Bombay High Court on Wednesday rejected a claim for railway accident compensation from a passenger who was seriously injured after standing at the edge of a platform while under the influence of alcohol.

The court found that the passenger had consumed four large pegs of alcohol before the incident, which impaired his judgment and contributed to the accident.

It ruled that injuries sustained while intoxicated do not qualify for compensation under the law, even if the accident would otherwise be considered an untoward railway incident, Bar and Bench reported.

Justice Jitendra Jain, delivering the verdict, pointed out the broader consequences of alcohol misuse. “Alcohol ruins, it ruins everything…. Physical and mental health, relationships, causes family breakdown, social dysfunction, career disruption and has severe long-term lifestyle consequences," he said.

Referring to a literary quote by F. Scott Fitzgerald, the judge noted, “First you take a drink, then the drink takes a drink, then the drink takes you," stressing how intoxication can lead to risky behaviour and long-term consequences.

The case dates back to a 2014 order by the Railway Claims Tribunal, Mumbai, which had dismissed the compensation claim under the Railways Act, 1989. The passenger had sought damages for injuries sustained in the early hours of March 10, 2001, while waiting on a platform for a train to Borivali. He was struck by an approaching train and initially treated at a government hospital before being moved to Bombay Hospital.

Hospital records confirmed that the passenger had consumed alcohol before the incident. The court noted that this evidence, recorded at the time of treatment and based on the patient’s own statement, was never disputed during the proceedings.

While the tribunal had questioned whether the accident qualified as an untoward railway incident, the High Court observed that standing at the platform edge still falls within the definition of an accidental railway mishap.

However, the statutory proviso in Section 124A of the Railways Act excludes compensation for injuries sustained while intoxicated.

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