SANJAY SAMPATRAO GAIKWAD Vs. UNION OF INDIA

JUDGEMENT

(1.) Since common questions of law and facts arise in both these appeals, they were heard together and are being disposed of by this common judgment.

(2.) Heard the learned Advocates for the parties. Perused the records.

(3.) In both these appeals the Railway claims Tribunal by its order dated 25th and 26th of July, 2001 had allowed the applications filed by the appellants herein and had been awarded with the compensation for the injuries suffered by them on account of violent attack in the form of stone-throwing by the strangers towards the moving trains through which they were travelling as the passengers. The compensation was awarded holding that the incident to be an untoward incident within the meaning of the said expression under Section 24a r/w Section 123 (C) of the Railways Act, 1989, hereinafter called as "the said Act". The Tribunal had also awarded interest at the rate of 9% from the date of the applications, besides the costs. The Orders of the Tribunal were carried in appeals before the learned single judge being First Appeal Nos, 177 and 180 of 2002, and came to be disposed of by the impugned judgment dated 27-2-2002 whereby while allowing the appeals, the orders of the Tribunal were set aside holding that the acts of stone-throwing by strangers are exception to the doctrine of strict liability of the owner, and therefore, the railway administration cannot be held responsible for the injury sustained by its passengers, and therefore, is not liable to pay compensation to the passengers suffering injuries from such acts as they do not fall within the meaning of the expression "untoward incident" under Section 123 (c) of the said act.