RAKESH SAINI Vs. UNION OF INDIA

JUDGEMENT

(1.) Smt. Roshni Devi, wife of appellant No.1 and mother of appellants No.2 and 3 died along with three others in a train accident occurred on 18th December, 1995 at Azadpur Railway Station alleging that it was due to the negligence of respondent, Northern Railway. Appellant first approached the Railway Claims Tribunal, Delhi for compensation. However, the said claim was dismissed on the ground that Tribunal had no jurisdiction to entertain such a claim and remedy for the appellants was to file civil proceedings. In these circumstances, appellants filed civil Suit No.626/2001 in the Court of Additional District Judge, Delhi claiming compensation of Rs.5 lacs under tortuous liability. This suit has been dismissed by judgment and decree dated 29th April, 2002 passed by the learned Additional District Judge, Delhi. Present appeal is preferred against the aforesaid judgment and decree.

(2.) Version of the appellants as to the circumstances under which accident took place on 18th December, 1995 is as follows:-

(3.) The appellants have claimed that tragedy occurred due to the negligence of the respondent for not providing overbridge or subway to approach the Old Azadpur station for boarding trains from New Delhi side and going towards Ambala side. It is also their allegation that there was no platform on the left side of the railway track which was full of dirt and not even a single passenger could stand thereon. Further on the fateful day there was total failure of electricity on the Old Azadpur Railway Station.