High Court affirms Railways' liability for bomb blast compensation
Nearly 34 years after a bomb explosion ripped through the 24-Down Janta Express between Haryana's Tohana and Jind, killing five passengers, the Punjab and Haryana High Court has upheld the Centre's liability to compensate the victims' families. The Bench made it clear that a bomb blast in a moving train fell within the definition of an 'accident' under the Railways Act.
Court dismisses Union of India's appeal
Dismissing appeals filed by the Union of India, Justice Pankaj Jain held that the arguments raised by counsel for the appellant-UOI were without merit and could not be accepted. The Bench observed that the Union of India was disputing its liability to pay compensation on account of injuries and death of passengers in a bomb blast, claiming that the incident did not fall within the definition of an 'untoward incident'.
Railway Claims Tribunal ruling upheld
The court noted that the Railway Claims Tribunal had awarded compensation after holding that the bomb blast fell within the ambit of an 'accident' under Section 124 of the Railways Act. 'The tribunal has rightly relied upon Accident Manual issued by Northern Railway Administration to hold that the bomb blast falls within the ambit of ‘accident’,' Justice Jain asserted.
Manual defines explosion as accident
Referring to the manual, Justice Jain observed that the Union of India could not escape its liability to pay compensation following deaths arising out of a bomb blast in a train or at a railway station, 'once it has been held that fire or explosion in the train falls within the definition of ‘accident’.'
Background of the 1992 incident
The case has its genesis in a February 1992 incident in which a bomb exploded in the 24-Down Janta Express while it was travelling from Tohana to Jind. The blast claimed five lives and left several passengers injured. An FIR was registered under the Explosive Act, TADA, the IPC and the Indian Railways Act. The appeals arose from compensation claims filed by the families of two passengers who were among those killed in the explosion.
Compensation and interest awarded
Allowing the claimants' cross-objections, the high court modified the compensation award and held that the claimants would be entitled to compensation applicable on the date of the accident, along with interest at the rate of 9% per annum from the date of filing of the claim petitions until actual realisation.
