RAMBHA BAI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal under Section 23 of the Railways Claims Tribunal Act, 1987 is directed against the order dated 5-3-97, passed in Claim Case No. OA/620/96 by the Railways Claims Tribunal, Bhopal Bench, Bhopal whereby the claim of the petitioner was rejected by the Tribunal as having no jurisdiction to entertain the same.

(2.) ISSUE No. 1 was as "whether the applicant proves that the applicant's husband death was owing to the accident as contemplated under Section 124 and Section 124-A of the Railways Act, 1989 ?" and in this issue the Tribunal considered the position regarding its jurisdiction analysing the provision of Section 123 (a) which defines the word "accident" as an accident of the nature described in Section 124 of the Railways Act, 1989 (for brevity hereinafter referred to as the Act ). Section 124 which relates to extent of liability is extracted below :

(3.) THE liability is only when in the course of working a railway, an accident occurs, being either a collision between trains of which one is a train carrying passengers or the derailment of or other accident to a train or any part of a train carrying passengers, would entitle the passenger who has been injured or has suffered a loss to maintain an action and recover damages in respect thereof. The question for consideration developed as to whether the word "train" has been defined under the Act or even under the Railways Claims Tribunal Act, 1987.