S.SHAMSUL HASAN, J.

1. This appeal has been filed under S.82F(2) of the Railways Act, 1980 (hereinafter referred to as the Act). The appellant was the guard of a goods train which was involved in an accident. He made a claim under S.82A of the Act for compensation of Rs. 30000.00 on account of injuries sustained in the accident and the loss of certain goods. The respondent defended the claim, inter alia, on the ground that since the appellant was not covered by the expression passenger within the meaning of S.82A, he was not entitled to any relief under the Act. The Claims Commissioner, who heard the case, rejected the defence case relating to the merits of the claim and held that the applicant was entitled to a sum of Rs. 20000.00 and odd. The application was, however, dismissed on the technical ground that the applicant was not entitled to any relief under S.82A of the Act.

2. Mr. Bishwanath Agrawal, appearing in support of the appeal contended that since the Section is remedial in nature, it should be interpreted liberally so as to include a railway servant travelling as a part of his duty within the term passenger. He emphasised the fact that the applicant was not a pas