UNION OF INDIA Vs. SUNIL KUMAR GHOSH

JUDGEMENT

(1.) Two mishaps, one, 'to the train' by which a passenger is travelling, and another, a sympathetic one, having nexus with the former, and going arm-in-arm with it, 'to the passenger' himself, must occur in the course of the same transaction in order to attract liability of the Railway Administration under Section 82A of the Indian Railways Act, 1890, rightly contends counsel for the Railway.

(2.) The High Court, in our opinion, was in error in not upholding this unexceptionable proposition and in awarding compensation to a passenger on the premise that it was not essential to establish that there was an 'accident to the train' by which the passenger was travelling.

(3.) Counsel for the Railway was fair enough (we very highly appreciate this gesture) to state that it was on account of the erroneous interpretation placed by the High Court which was likely to give rise to untenable claims in future, rather than the relatively small amount awarded to the passenger, that the Railway was obliged to approach this Court by way of the present Special Leave Petition. We declined to interfere with the operative order of the High Court in exercise of jurisdiction under Art. 136 of the Constitution of India having regard to the size of the award (both sides would have expended more than the amount at stake in litigation expenses if leave was granted) but observed that the view taken by the High Court in regard to the question of law involved in the matter was erroneous. We now proceed to articulate our reasons in support of the view expressed by us.