Railways Liable for Compensation in Bomb Blast Cases as per Railways Act, 1989
In a landmark judgment, the Punjab and Haryana High Court has affirmed that bomb blasts in moving trains fall under the definition of "accidents" as per Section 124 of the Railways Act, 1989. The court has thus held the Railway Administration liable to pay compensation to victims of such unfortunate incidents.
The case in question involved a bomb explosion in the 24-Down Janta Express on its route from Tohana to Jind, resulting in multiple fatalities and injuries. The Union of India, representing the railways, contested the liability to pay compensation, arguing that the incident did not qualify as an "untoward incident." However, Justice Pankaj Jain dismissed these appeals, emphasizing the broad definition of "accident" under the Railways Act and the Accident Manual issued by Northern Railway Administration.
The court pointed out that the definition of a train accident includes serious repercussions such as loss of life or injury due to collisions, fires, and explosions. It cited the Supreme Court's interpretation in the case of Union of India v. Sunil Kumar Ghosh, reaffirming that unforeseen events like bomb blasts are indeed accidents, making the Railway Administration liable for compensation.
The tribunal initially awarded compensation to the claimants, which the High Court upheld. The claimants were granted interest at a rate of 9% per annum from the date of filing the claim until realization. The court, however, rejected a plea for an increased compensation amount of Rs.8 lakhs, adhering to the compensation schedule applicable at the time of the award.
This decision sets a significant precedent ensuring accountability of the Railway Administration in similar future incidents, thereby offering a semblance of justice to the victims and their families.
Bottom line:-
The term "accident" under Section 124 of the Railways Act, 1989 includes bomb blasts in trains, making the Railway Administration liable to pay compensation for deaths and injuries arising from such incidents.
Statutory provision(s): Railways Act, 1989 Section 124, Explosives Act, 1884 Section 4, T.D.A. Act Sections 3, 4, 5, Indian Penal Code Sections 307, 326, Indian Railways Act Section 150
Union of India v. Usha Singla, (Punjab And Haryana) : Law Finder Doc id # 2922866
