JANKI BAI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal under section 23 of Railway Claims Tribunal Act, 1987 (for short 'rct Act') is against the order dated 13-10-1995 passed in case No. OA/01/1994 by the Railway Claims Tribunal, Bhopal Bench, Bhopal (Tribunal ).

(2.) THE facts giving rise to this appeal are thus : The appellants filed an application under section 125 of the Railways Act, 1989 (for short the 'railways Act') on 13-6-1995 against the respondent to claim compensation of Rs. 2 lakhs for the death of Rajaram, husband of appellant No. 1, and father of respondents 2 to 5, on the averments that on 16-5-1993, the deceased alighted from the Malwa Express 4068up at Laxmi Bai Nagar Railway Station. While he was crossing over the railway track, a Meter-gauge train, Ujjain-Mhow Passenger, came and dashed the deceased Rajaram, as a result of the said accident, he died on the spot. The accident occurred due to negligence of the railway administration as there is no over-bridge at the platform nor any level crossing for passengers to move out of the station. This was the wrongful act, negligence on the part of the Railway administration, hence the respondent is liable to pay compensation. The claim was contested by the respondent on the ground that the Tribunal had no jurisdiction, as the application for compensation does not fall within the ambit of section 124 of the Railways Act or under section 13 of RCT Act. The Tribunal dismissed the application holding that the deceased was not travelling in the train. It was not a case of "accident to a train", as envisaged in section 124, nor a case falling under section 124-A of the said Act. The accident was due to negligence of the deceased when he was crossing the railway track. Even if there was negligence of Railway administration, the application under section 125 of the Railways Act would not be maintainable as the jurisdiction of the Tribunal under section 13 of the RCT Act is limited. The remedy for the appellants is to claim compensation under the common law of torts in civil court.

(3.) SECTIONS 123 to 129, contained in Chapter XIII of the Railways Act, deal with liability of railway administration for death and injury to passengers due to accidents. Relevant provisions for the purpose of this appeal we quote :