UNION OF INDIA Vs. RAM DEVI

JUDGEMENT

(1.) -These two writ petitions, (Writ Petition No. 7866 of 1983 Union of India v. Smt. Ram Devi, (for short the first petition) and (Writ Petition No. 7867 of 1983, Union of India v. Smt. Rama Bai, (for short the second petition), raise a common question of law and fact, hence it is convenient to dispose them of by a common judgment.

(2.) THESE petitions under Article 226 of the Constitution of India have been filed by the Union of India against the judgment and order dated 18-3-83 passed by the Claims Commissioner, Central Railway, Agra in Claim Petition No. 80 of 1982 (Smt. Ram Devi v. Union of India), under section 82-A of the Indian Railways Act, (for short the Act), and the judgment and order dated 15-4-83 passed by the Claims Commissioner, Central Railway, Agra in Claim Petition No. 64 of 1982 (Smt. Rama Bai v. Union of India), under section 82-A of the Act.

(3.) LEARNED counsel for the respondents Sri Harkauli, on the other hand, urged that the words 'passenger' used under section 82-A of the Act does not necessarily mean the passenger travelling with a ticket. The word has got a very comprehensive meaning and under section 82-A (1) of the Act the words used are 'as would entitle a person who has been injured or has suffered loss to maintain an action and recover damages in respect thereof. The word 'person' obviovsly means anybody including a passenger and it has been used very significantly indicating "any person", who has either been injured or suffered a loss, can maintain claim petition for compensation. This obviously means that even employee of the Railway either injured or having suffered loss of life in theft case his heirs can file a claim petition for compensation. It was further urged that section 82-A (Eighty two 'A') of the Act has to be read alongwith section 82-H (Eighty two 'H') of the Act. The latter section enacts that apart from right of a person to claim compensation under section 82-A, any other person can recover compensation payable under the Workmens' Compensation Act or under any other law for the time being in force. But no person shall be entitled to claim compensation more than once, in respect of the same accident. This obviously connotes that even another person who was entitled to sue under Workmen's Compensation Act or any other law for the time being in force, can also claim compensation under section 82-A read with section 82-H of the Act. But nobody can claim compensation twice. This leads only to one inference that even if a person including an employee of the Railway Administration, other than a passenger, dies, in that event also the compensation can be claimed and paid by the Railway Administration, the only rider being that the compensation cannot be claimed or paid twice. In the instant case the widows of both the deceased claimed compensation for the death of their husbands in the collision, hence their claim petitions were maintainable. It was also urged that the writ of Certiorari is a discretionary remedy and where substantial justice has been done, the same can be refused by this Court in exercise of its power under Article 226 of the Constitution of India. Reliance was placed on Smt. Yashoda Devi v. Union of India, 1979 AWC 568.