Valmiki J. Mehta, J. (Oral)

1. This first appeal is filed under Section 23 of the Railway Claims Tribunal Act, 1987 impugning the judgment of the Tribunal dated 8.2.2012 which has dismissed the claim petition.

2. The claim petition has been dismissed because the Tribunal holds that when the train is being placed at a platform it is not a ‘train carrying passengers’ as per the meaning of the expression as found in Section 123(c) of the Railways Act, 1989 and therefore there is no untoward incident for the Railways to be fastened with the liability of compensation.

The relevant paras of the impugned judgment dated 8.2.2012 reads as under:-

“The Untoward Incident, as defined under Section 123 (c) of the Railways Act, 1989 is reproduced below:-

“123. “untoward incident” means-

(1) (i) the commission of a terrorist act within the meaning of sub-section (1) of section (3) of the Terrorist and Disruptive Activity (Prevention) Act, 1987; or

(ii) the making of a violent attack or the commission of robbery or dacoity; or

(iii) the indulging in rioting, shoot-out or arson, by any person in or on any train carrying passengers, or in a waiting hall, cloak room or reservation or booking o