HAJARA Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) On 26th November, 2013 at about 12:18 a.m., a goods train (Parcel Van No.VPH/SC/04840) broke the dead end of the railway track at Old Delhi Railway Station and thereafter hit the boundary wall of the railway station whereupon the boundary wall of the railway station collapsed and three persons sleeping on the pavement outside the boundary wall of the Railway Station were crushed to death under the boundary wall. The police registered FIR No.265/2013 at P.S. Old Delhi Railway Station under Section 304A, IPC. The police identified Shahnawaj @ Jahanavaj who died due to the aforesaid accident. However, the two other dead bodies could not be identified by the police. The police filed the charge sheet against four employees of the Railways in which charges have been framed by the Court and the case is pending before the Metropolitan Magistrate. The Railways conducted an enquiry in which they found Panni Ram, Ashok Kumar, Nafe Singh and Srinivas guilty and the minor punishment was imposed upon them.

(2.) The petitioners are widow and sons/daughters of late Shahnawaj and they filed an application for compensation before the Railway Claims Tribunal which was contested by the Railways on the ground that the accident was not an 'untoward incident' under Section 123 (c) of the Railways Act and therefore, the petitioners were not entitled to any compensation under Section 124A of the Railways Act, 1989.

(3.) Vide judgment dated 28th October, 2014, the Railway Claims Tribunal accepted the objection of the Railways and dismissed the claim application holding that the accident did not fall within the ambit of Sections 124 and 124A of the Railways Act, 1989.