The main legal point established in the judgment is the liability of the respondents for negligence in not providing safe passage and platform for the passengers, and the absence of contributory negligence on the part of the deceased.

( 1 ) SMT. Roshni Devi, wife of appellant No. 1 and mother of appellants No. 2 and 3 died along with three others in a train accident occurred on 18th December, 1995 at Azadpur Railway Station alleging that it was due to the negligence of respondent, Northern Railway. Appellant first approached the Railway Claims Tribunal, Delhi for compensation. However, the said claim was dismissed on the ground that Tribunal had no jurisdiction to entertain such a claim and remedy for the appellants was to file civil proceedings. In these circumstances, appellants filed civil Suit No. 626/2001 in the Court of Additional District Judge, Delhi claiming compensation of Rs. 5 lacs under tortuous liability. This suit has been dismissed by judgment and decree dated 29th April, 2002 passed by the learned Additional District Judge, Delhi. Present appeal is preferred against the aforesaid judgment and decree.

( 2 ) VERSION of the appellants as to the circumstances under which accident took place on 18th December, 1995 is as follows:-

THAT on 18. 12. 1995 at about 5:30 PM the deceased Smt. Roshini Devi reached at Azadpur Railway Station to board the passenger train coming from New Delhi Railway Station for Narela. There are tracks-one for the incoming trains from Ambala side and the other for outgoing trains towards Ambala. The passenger train coming from New Delhi reached Old Azadpur Railway Station at about 5:40 PM at Azadpur Railway Station, for boarding the train going towards Ambala side, there is no platform. All the passengers standing on the platform on the right side of the train have to cross the Railway track meant for incoming train from Ambala side and after crossing the side track, the passengers can board the train going towards Ambala side. That there is no platform on the left side of the said track and it is full of dirt and not even a single passenger can stand on the left side of the track. Moreover, there is no overbridge or subway to approach the train which are coming from New Delhi side and going towards Ambala side. There was a total failure of electricity at the Old Azadpur Railway Station at about 5:40 PM, all the passengers standing on the platform were compelled to cross the railway track meant for the incoming train, so as to board the train standing on the outgoing track meant for Ambala side. As soon as the passengers were boarding the train after crossing the railway track, an Inspection Electric Locomotive and SLR Coach came from Ambala side at a speed of 140 Kms. Per hour with its Headlight off and no whistling. The number of passengers were hit by the said train and four passengers died on the spot including Smt. Roshini Devi. "

( 3 ) THE appellants have claimed that tragedy occurred due to the negligence of the respondent for not providing overbridge or subway to approach the Old Azadpur station for boarding trains from New Delhi side and going towards Ambala side. It is also their allegation that there was no platform on the left side of the railway track which was full of dirt and not even a single passenger could stand thereon. Further on the fateful day there was total failure of electricity on the Old Azadpur Railway Station.

( 4 ) RESPONDENT herein contested the suit on various grounds. Apart from taking certain preliminary objections about the locus standi of the appellants, limitation, jurisdiction of the Court to try the suit etc. , on merits allegations in the plaint were denied. It was denied that there was no platform on the left side of the track or it was full of dirt. According to the respondents, train reached at 5:30 PM and the accident took place at 5:45 PM. There was no train at the spot and the deceased herself was late in coming and was negligent. It was also denied that all of a sudden an inspection train carrying electric locomotive and SLR coach from Ambala side came at a speed of 140 Kms. an hour with its headlights off and without signal or whistle.

( 5 ) ON the basis of ple