PRABHU CHAND RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) On 16.4.1990, one bogie of 383 Up Mokama-Danapur passenger train was set ablaze between Gulzarbagh and Patna Junction railway stations as a result of which, the wife and minor daughter, namely, Sona Devi (32 years) and Indu Kumari (13 years), of the claimant, Prabhu Chand Ram of village Bakhtiyarpur, District Patna, who were travelling therein as bona fide passengers from Barh to Patna Junction lost their lives.

(2.) On 17.8.1990, under Section 82-A of the Indian Railways Act, 1890, the said Prabhu Chand Ram filed two separate applications for compensation for the accident in question before the Railway Claims Tribunal (hereinafter referred to as 'the Tribunal') Patna Bench. Those were registered as Application Nos. 46/D.A. II/D/1990 and 47/D.A. II/D/1990.

(3.) In the meantime the Indian Railways Act, 1890, was repealed by the Railways Act, 1989, which came into force on 1.7.1990.