SETU NIKET Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) This petition by way of Public Interest Litigation is filed with the following prayers:-

(2.) We have heard the learned counsel for both the parties.

(3.) The Railways Act, 1989 (hereinafter referred to as "the Act") has been enacted repealing the Indian Railways Act, 1890. Chapter XIII of the Act, comprising Sections 123 to 129, deals with the liability of Railway Administration for death and injury to passengers due to accidents. Section 125 provides for making an application for compensation to the Claims Tribunal established under Section 3 of the Railway Claims Tribunal Act, 1987 (for short "the RCT Act") for compensation under Section 124A of the Act. Section 124 provides for the liability of Railway Administration for payment of compensation for the loss occasioned by the death of a passenger or personal injury or damage to the goods as a result of an accident to a train, whereas Section 124 or Section 124A provides for the liability of Railway Administration for payment of compensation for the loss occasioned on account of an untoward incident. Both Section 124 and Section 124A of the Act make it clear that the liability of the Railway Administration shall be to such extent as may be prescribed by the Rules made under the Act.