Nearly 34 years after a bomb explosion ripped through the 24-Down Janta Express between 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.
Dismissing appeals filed by the Union of India, Justice Pankaj Jain held 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 the passengers in a bomb blast claiming that the incident did not fall within the definition of ‘untoward incident’.
But the tribunal concerned awarded compensation holding that the bomb blast fell within the ambit of ‘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.
Referring to the manual, Justice Jain asserted the Union of India could not escape its liability to pay compensation following death arising out of bomb blast in the train/railway station, “once it has been held that fire or explosion in the train falls within the definition of ‘accident’.”
The case has its genesis in 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, IPC and the Indian Railways Act. The appeals stemmed from compensation claims filed by the families of two persons, who were among those killed in the explosion.
The court also relied upon the Supreme Court’s decision in “Union of India and Others v. Sunil Kumar Ghosh” case, wherein the apex court observed that events such as the “blowing up of a train" were
“Resultantly, this Court finds no reason to interfere in the findings recorded by the Tribunal to hold that the Administration is liable to pay compensation on account of death of the passengers caused on account of bomb blast in the moving train,” Justice Jain asserted.
On cross-objections filed by the claimants, the High Court modified the compensation award and held that the claimants would be entitled to compensation applicable on the date of the accident together with interest at the rate of 9 per cent per annum from the date of filing of the claim petitions until actual realisation.
