UNION OF INDIA Vs. AD HOC CLAIMS COMMISSIONER

JUDGEMENT

(1.) THIS writ petition has come before this Bench on a reference by Hon. Kirty, J. The learned Judge felt that the view taken in three single Judge decisions cited before him on the question of law raised in this writ petition required reconsideration.

(2.) ON the night between the 20th and 21st June, 1969, 6-Down Allahabad-Gorakhpur Express train met with an acci dent between Jakhanian and Dulahpur rail way stations. Several persons died and many others received injuries at the accident Nand Lal, respondent No. 2 was one of the injured persons. On llth September, 1969, Nand Lal respondent filed an application before the Claims Commissioner, Varanasi, respondent No. 1, for payment of compen sation. The Claims Commissioner on 18th February, 1970, allowed the claim in part He awarded Rs. 7, 353/- in all. Of this amount, Rs. 2, 100/- was compensation for 15 per cent, partial permanent disability; Rs. 1.387/- for the loss of earnings for 3 months and 21 days during which the claim ant was lying in hospital and Rs. 3, 866/-was for the loss of goods and cash. The Union of India felt aggrieved and instituted the present writ petition in this Court for quashing the award.

(3.) SECTION 82-A of the Railways Act provides for liability of Railway Administration in respect of accidents to trains carrying passengers. It provides:-