Case Note & Summary
The appellant, Smt. Santabai Dattatraya Kadam, filed a claim application under Section 124 of the Railways Act, 1989, seeking compensation of Rs. 2,00,000 for the death of her 16-year-old son in a bomb blast that occurred on 19th April 1991 at 20:40 hours in a local train compartment of the Central Railway. The deceased was holding a second class ticket from Thane to Kalwa, which was misplaced in the accident. The bomb explosion caused fatal injuries to the deceased. The respondent, Union of India represented by the General Manager, Central Railway, contested the claim by filing a written statement. The Railway Claims Tribunal dismissed the claim application. The appellant appealed to the High Court. The High Court allowed the appeal, holding that the bomb blast in the train compartment is an 'untoward incident' under Section 124 of the Railways Act, 1989, and the railway administration is liable to pay compensation. The court set aside the impugned judgment and order and directed the respondent to pay Rs. 2,00,000 with interest at 6% per annum from the date of the claim application till payment.
Headnote
A) Railways Act - Untoward Incident - Section 124 - Bomb Blast - Death of passenger due to bomb explosion in train compartment is an 'untoward incident' under Section 124 of the Railways Act, 1989 - The court held that the railway administration is liable to pay compensation for death or injury caused by terrorist acts, including bomb blasts, as they fall within the definition of 'untoward incident' under Section 124A of the Act - The claimant, mother of the deceased, is entitled to compensation of Rs. 2,00,000 with interest at 6% per annum from the date of the claim application (Paras 1-5).
Issue of Consideration
Whether the death of a passenger due to a bomb blast in a train compartment constitutes an 'untoward incident' under Section 124 of the Railways Act, 1989, entitling the claimant to compensation.
Final Decision
The appeal is allowed. The impugned judgment and order of the Railway Claims Tribunal are set aside. The respondent is directed to pay compensation of Rs. 2,00,000 to the appellant with interest at 6% per annum from the date of the claim application till payment.
Law Points
- Strict liability under Section 124 of Railways Act
- 1989
- Untoward incident includes terrorist act
- Burden of proof on railway to prove exception
- No need to prove negligence
