SANTABAI DATTATRAYA KADAM Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned counsel for the respondent. By the impugned Judgment and order, the claim application made by the appellant under section 124 of the Railways Act,1989 (hereinafter referred to as the said Act) has been dismissed.

(2.) With a view to appreciate the submissions, a brief reference to the facts of the case will be necessary. The deceased was a 16 year old boy. The appellant/applicant is the mother of the deceased. There was an explosion of bomb in the compartment of a local train of the Central Railway on 19th April 1991 at 20.40 hours. According to the case of the appellant, the deceased was holding a second class ticket from Thane to Kalwa which was misplaced in the accident. As a result of the bomb blast, the deceased sustained injuries and ultimately succumbed to the injuries. Therefore, compensation of Rs.2,00,000/- was claimed by the appellant.

(3.) The claim was contested by the respondent by filing a written statement. It was contended that on the relevant date, Dadar-Thane local train DT/17 DN arrived at the railway station at Thane at 20.30 hours. The said train arrived on platform no.2. It is contended that an announcement was made that the the said train will go to Kalwa Car shed and the passengers should not enter the said train. Thus, the contention is that notwithstanding the said announcement, the deceased boarded the train. It is submitted that the train was not for the use of passengers and hence, the claim was not maintainable. However,it is admitted that there was a bomb explosion in the train and one male person died in the mishap.