JANTA CHEMICALS Vs. UNION OF INDIA

JUDGEMENT

(1.) THE decision rendered in this writ shall also govern the disposal of other two writ petitions being M.P. Nos. 875 and 876 of 1993, as in all the three writ petitions common question of law is involved. Facts in brief that led to filing of these writs need mention in brief.

(2.) ON 11.4.1990, one Railway Wagon full of petrol Neptha and which was a part of entire goods train was passing through Railway Station Nagda. It so happened that while the train was in motion, the petrol stored in the wagon got leaked from the tanker resulting in catching of fire in the entire wagon. This further resulted in explosion of entire wagon which caused damage to properties of those persons living in the surrounding and adjoining areas. The loss was to persons as also to property, but for no fault of innocent persons living in that area.

(3.) SEVERAL persons then filed writ petitions in the High Court claiming compensation arising out of this incident and the loss sustained by them. Present three petitions are amongst the lot of petitions. One such petition being W.P. No. 874/1993 filed by one victim by name Manna and others was finally heard and decided by the Division Bench of this Court by their order dated 30.7.1998.