S BHAGYALAXMI Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE are five appeals filed by the respective claimants / appellants against the judgment and order dated 29th June, 1989 passed by the Joint Civil Judge (Senior division) Thane (Railway Accident Tribunal)in Railway Accident Claim Nos. 14 of 1988, 15 of 1988, 12 of 1988 and 13 of 1988 and order dated 27th July, 1989 in Railway Accident claim No. 16 of 1988 whereby their respective applications for compensation under Section 82 (A) of the Indian Railways Act, 1890 (for short "railway Act of 1890") were rejected. As all the appeals are arising out of a common accident and as the issues are same and as contended by all the parties, by this common judgment these appeals are disposed off.

(2.) ON 4th July, 1988 a train Minar express 101 Dn. met with an accident between byculla and Chinchpokli Railway Station of central Railway, Bombay, in which the claimants / appellants sustained various injuries on various parts of the body as mentioned and referred in their respective applications. Therefore, on 10th August, 1988 they preferred separate applications for compensation under the Railways Act of 1890 for the respective amount as produced below: <FRM>JUDGEMENT_379_ALLMR1_2006Html1.htm</FRM>

(3.) ON 29th June, 1989 all the above applications were rejected after considering the issues in favour of the applicants/appellants and specially by observing that the applicants/ appellants were bonafide passengers on the day of accident. The Tribunal has also accepted that they sustained injuries during the said accident. However, the learned Tribunal has not granted any compensation as prayed for want of material and further observing that the amount claimed by the applicants / appellants were exorbitant and imaginary and thereby rejected the claims. The applicants /appellants, therefore, preferred the respective first appeals.