SMT. SARASWATI GOSWAMI AND OTHERS Vs. RAILWAY ADMINISTRATION

JUDGEMENT

(1.) THIS appeal by Saraswati Goswami and Padma Goswami, respectively the mother and the sister of Mahendra Goswami, under Section 82 -F of the Indian Railways Act is directed against the judgment dated 22nd November, 1969 of the Ex -Officio Claims Commissioner by which the latter disallowed a claim for compensation arising out of the alleged death of Mahendra Goswami in a railway accident that took place at the Railway Station Diphu on 23rd April, 1966.

(2.) IT is commonly admitted that a passenger train, 20 Down Tinsukia -New Jalpaiguti, was involved in an accident, caused by bomb explosion, at Diphu Railway Station on 23 -4 -1966 and there were a number of casualties including a few fatal. Mahendra Goswami, it is said, had boarded the ill -fated train at Amguri Railway Station, District Sibsagar, on his way to Silchar and that he died at Diphu in consequence of the railway accident. It is stated further that Padma Goswami received a telegram on 25th April, 1966, which was addressed by one Sitaram to her brother Mahendra Goswami, enquiring if the latter had safely reached Silchar. Since by the time of receipt of the telegram Mahendra Goswami had not reached Silchar, his relations including Padma Goswami and Saraswati Goswami felt exercised and so contacted Sri Tarapada Bhattacharjee. Who was a member of the Assam Legislative Assembly in those days, for help in the matter. Sri Bhattacharjee is said to have addressed a letter to the Deputy Commissioner, Cachar, requesting for immediate enquiry about the welfare of Mahendra Goswami. That letter, it appears, remained unattended until after the appointment of Sri B. S. Sarao as the ad hoc Claims Commissioner on 5 -11 -1966. Sri B. S. Sarao acknowledged that letter by his own letter dated 11th April, 1967, suggesting that if unfortunately Mahendra Goswami had been involved in the accident and had sustained injuries, he should be requested "to file a claim and appear in my Court any day between 17th and 30th April, 1967". This letter of Sri Sarao was responded to by a letter dated 20th April. 1967, by Sri T. P. Bhattacharyya. The latter mentioned in that letter that it was not possible for Padma Goswami or any member of her family to file the claim by 30th April, 1967, and so he requested Sri Sarao to allow the members of the family of Mahendra Goswami to file claim and to appear in his Court on some "future date". The material on record shows that Saraswati Goswami addressed a petition to the Claims Commissioner on 2 -9 -1968 detailing the facts known to her alleging that her son Mahendra had died on 23rd April, 1966, at Diphu as a result of the bomb explosion causing accident to the train, end claiming compensation of Rs. 20,000/ -. In the last para, of the petition a prayer was made that the first report of Sri Tarapada Bhattacharjee should be treated "as the original claim petition on my behalf and direct the Railway administration to submit their statement". Probably after receipt of this petition the Claims Commissioner summoned the Railway administration and proceeded to determine if Mahendra Goswami had died as a result of train accident and if so what compensation was payable to his dependents. The Railway administration pleaded, while controverting liability to pay compensation, that Mahendra was not involved in the accident and that the claim made by Saraswati Goswami was barred by time.

(3.) SRI Senapati urged for the appellants three points for consideration of this Court. In the first place he submitted that the ex -officio Claims Commissioner, who decided the petition for claim, had no jurisdiction in the matter and as such the entire proceedings conducted, and the order made, by him stand vitiated. His second contention was that there is sufficient evidence available on the record to establish that Mahendra Goswami died due to the railway accident at Diphu on 23rd April, 1966. Lastly, Sri Senapati challenged the finding that the claim was barred by time. Sri Duara, who appeared for the Railway administration, joined issue with Sri Senapati on all the three points.