JUDGEMENT
REKHA MITTAL,J. -
(1.)CM No.17632-CII of 2019 Heard.
Allowed as prayed for.
Disposed of accordingly.
FAO No.1618 of 1998 and XOBJC-170-CII of 2019 FAO No.1619 of 1997 and XOBJC-171-CII of 2019 This order will dispose of FAO Nos.1618 and 1619 of 1998 and cross objections No.170-CII of 2019 in FAO No.1618 of 1998 and No.171-CII of 2019 in FAO No.1619 of 1998 as identical questions of law and fact are involved for adjudication. For facility of reference, facts are taken from FAO No.1618 of 1998.
(2.)Ms. Gurmeet widow of Sh. Girdhari Lal filed an application for grant of compensation to the tune of Rs.4 lakh on account of death of her son Kulvinder Heer in a bomb blast at Jalandhar City Railway Station. It was averred that Kulvinder Heer aged 25 years was travelling from New Delhi to Jalandhar City via 2497 on 14.03.1997. After de-boarding the train at Jalandhar City Railway Station, deceased was in the process of coming out of passenger hall and while waiting to get into a three wheeler in the circulating area of Jalandhar City Railway Station, he was badly wounded as a result of bomb explosion. Kulvinder Heer died in the said untoward incident and applicant is entitle to compensation under Section 123(1)(i), (iii) and 123A (ii) of the Railways Act, 1989 (in short 'the Act').
(3.)The appellant/respondent - Railway Administration filed written statement raising preliminary objection that no untoward incident within precincts of Railway Station had occurred and as such the application is not maintainable. On merits, it was admitted that Kulvinder Heer died in a bomb blast outside the precincts of Railway Station, Jalandhar. The deceased had completed his journey and had come out of the Railway Station when the mishap occurred and as such it was not an untoward incident within the meaning of Section 124A of the Act. The Railways had carried the passengers safely to destination and obligation extends up to the exit door of the said station. The deceased had already come out of the exit door and as such the applicant cannot maintain her claim under Section 124A of the Act. All other material averments of the application were denied with a prayer for dismissal of the same with costs.
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