NAZARA Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE cases arise out of an unfortunate accident which took place in the town of Phalodi because of derailment of a goods train which fell down on a public road killing two persons and injuring some others. The heirs and successors of the deceased as also the injured persons themselves, filed claim applications before the Railway Claims Tribunal (for short the "Tribunal" hereinafter). On preliminary objections being raised by the Railway Administration, the Tribunal went into the question as to whether it had jurisdiction to entertain the claim applications and held that it had no jurisdiction to deal with the matter. These Misc. Appeals have been filed under Section 23 of the Railway Claims Tribunal Act, 1987 (for short "the Act" hereinafter) against the aforesaid decision of the Tribunal.

(2.) THE learned counsel for the appellants heavily relied on a decision of Division Bench of Kerala High Court in Vijayasankar v Union of India, 1996(1) CCC 157 HC, and contended that in such matters law should be liberally interpreted in favour of the claimants and it should be held that the Tribunal has jurisdiction to entertain the claims.

(3.) SECTION 13 of the Act deals with the jurisdiction of the Tribunals. It reads as under :