NIRDHANIYA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal has been filed by the appellant against the judgment of the Railway Claims Tribunal dismissing the claim application of the appellant.

(2.) The appellant who happens to be the mother of the deceased Bideshi Mahato filed an application for grant of compensation for the death of her son. The claim application has been dismissed primarily on the ground that the deceased died in a bus accident and not railway accident. Various provisions of the Railways Act 1989 hereinafter referred to as (The Act) have been referred to. It appears that the Tribunal thought that if there is a collision between the two trains or there is a derailment, a passenger was entitled to a compensation in that situation only and not under any other circumstances. It has also been found that the deceased was not a bonafide passenger inasmuch as no ticket number was mentioned in the application and the same was not produced in evidence.

(3.) Some of the facts have not been disputed before us during the course of the arguments. It was not disputed that on account of flood, the passengers in Kamrup Express could not be carried beyond Gouripur in the district of Dhubri and the Railway Authorities had to carry the passengers by certain buses including ASTC bus (AS-01-0087) on 18.8.93. The aforesaid bus met with an accident with another bus resulting in the death of two persons including the son of the appellant. It has further remained undisputed before us that the aforesaid bus was hired by the Railway Authorities for carrying the passengers.