Satish Chandra, J. - (1.) THIS writ petition has come before this Bench on a reference by Hon. Kirty, J. The learned Judge felt that the view taken in three single Judge decisions cited before him on the question of law raised in this writ petition required reconsideration.
(2.) ON the night between the 20th and 21st June, 1969, 6-Down Allahabad-Gorakhpur Express train met with an acci dent between Jakhanian and Dulahpur rail way stations. Several persons died and many others received injuries at the accident Nand Lal, respondent No. 2 was one of the injured persons. On llth September, 1969, Nand Lal respondent filed an application before the Claims Commissioner, Varanasi, respondent No. 1, for payment of compen sation. The Claims Commissioner on 18th February, 1970, allowed the claim in part He awarded Rs. 7, 353/- in all. Of this amount, Rs. 2, 100/- was compensation for 15 per cent, partial permanent disability; Rs. 1.387/- for the loss of earnings for 3 months and 21 days during which the claim ant was lying in hospital and Rs. 3, 866/-was for the loss of goods and cash. The Union of India felt aggrieved and instituted the present writ petition in this Court for quashing the award. At the hearing of the writ peti tion before the learned Single Judge only one point appears to have been pressed on behalf of the petitioner. It related to the award of Rs. 1.387/- as compensation for the loss of earnings for 3 months and 21 days. It was urged in support of the writ petition that the Claims Commissioner had no jurisdiction to travel outside the provi sions of the Act and the rules laying down the categories under which alone compen sation could be granted. There was no pro vision for grant of compensation on account of loss of income because the injured per son was undergoing medical aid in a hospi tal In support reliance was placed upon the decisions of Lokur, J. hi Union of India V. Murli Dhar Pathak (Writ No. 1910 of 1970 decided on 20-1-1972) (All.), Hari Swa mp, J. in Union of India v. Claims Commr. (Writ No. 1839 of 1970 decided on 21-2-1972) (AD.) and Broome, J. in Union of India v. Vijai Prasad (Writ No. 2116 of 1970 decided on 18-3-1972).
(3.) SECTION 82-A of the Railways Act provides for liability of Railway Administration in respect of accidents to trains carrying passengers. It provides:- "82-A. (1) When In the course of work ing a railway an accident occurs, being either a collision between trains of which one is a train carrying passengers or the derail ment of or other accidents to a train or any part of a train carrying passengers, then, whether or not there has been any wrongful act, neglect or default on the part of the railway administration such as would entitle a person who has been injured or has suf fered loss to maintain an action and recover damages in respect thereof, the Railway ad ministration shall, notwithstanding any other provision of law to the contrary, be liable to pay compensation to the extent set out in sub-section (2) and to that extent only for loss occasioned by the death of a passenger dying as a result of such accident, and for personal injury and loss, destruction or dete rioration of animals or goods owned by the passengers and accompanying the passenger in his compartment or on the train, sustain ed as a result of such accident. (2) The liabi lity of a railway administration under this section shall in no case exceed twenty thou sand rupees in respect of any one person." Section 82-B authorises the Central Govern ment to appoint a Claims Commissioner for specified local areas. Section 82-C provides for the person who can make an applica tion for compensation before the Claims Commissioner. Section 82-D lays down the procedure and powers of the Commissioner.;