UNION OF INDIA Vs. N TRINATH REDDY

JUDGEMENT

(1.) The Union of India has filed this appeal under Section 23 of the Railway Claims Tribunal Act, 1987, challenging the order of the Railway Claims Tribunal (hereinafter referred to as the "Tribunal") directing payment of Rs. 2,00,000/- as compensation to the applicant.

(2.) The present respondent as applicant filed an application under Section 13(1A) of the Railway Claims Tribunal Act on the allegation that his father fell down from the train while travelling from Puri to Chhatrapur by the D.M.U. First on 29-7-1996. The present appellant contested the case by denying the allegations made in the claim application and it was stated that no "untoward incident" had occurred bringing the case within the scope of Section 124-A of the Indian Railways Act.

(3.) Before considering the contentions raised by the parties, it would be worthwhile to notice some of the relevant provisions of the Indian Railways Act, 1890, and the Railway Claims Tribunal Act, 1987. Initially, there was no provision contained in the Indian Railways Act, 1890, fixing liability of the Railways in respect of accidents to train carrying passenger and question of liability was governed by the common law principles of torts. In 1943, the Indian Railways Act, 1890, was amended and Section 82-A was inserted providing liability of the Railways under certain circumstances in respect of accidents to train carrying passenger. In 1949, Section 82-B to 82-J were added providing the forum for adjudication of liability of the Railways in respect of accidents to train carrying passenger. While interpreting such provisions, it was held by the Supreme Court in the decision reported in AIR 1984 SC 1737 (Union of India v. Sunil Kumar Ghosh) that a passenger travelling in a train or his legal representative would not be entitled to claim any amount under Section 82-A of the Indian Railways Act in the forum prescribed under the Act unless there is a collision between trains or derailment of train. Subsequently, the Railway Claims Tribunal Act, 1987, was enacted providing for determination of claims by a Tribunal constituted under such new Act and the jurisdiction of Civil Court as well as the jurisdiction of the Claims Commissioner, as envisaged under the Indian Railways Act, 1890, was ousted. Under the Railways Act, 1989, which came into force on 1-7-1990 , the law relating to liability of the Railways was practically re-enacted, but no liability was envisaged unless there was a collision between two trains or derailment. For the first time, by introduction of Section 124-A and other ancillary provisions, liability of the Railways when an "untoward incident" occurred was fixed. The provisions contained in Sections 123(c) and 124-A being relevant are extracted hereunder :-"123. (c), 'untoward incident' means -(1) (i) the commission of a terriorist act within the meaning of sub-section (1) of Section 3 of the Terriorist and Disruptive Activities (Prevention) Act, 1987 (28 of 1987); or (ii) the making of a violent attack or the commision of robbery or dacoity, or(iii) the indulging in rioting, shoot-out or arson, by any person in or on any train carrying passengers, or in a waiting hall, cloakroom or reservation or booking office or on any platform or in any other place within the precincts of a railway station; or(2) the accidental falling of any passenger from a train carrying passengers.