The enhanced rate of compensation as per the 1997 Amendment could only be applied to claims arising from accidents or untoward incidents that happened on or after 1-11-1997.

USHA, J. :- These appeals are directed against judgments of the Railway Claims Tribunal, Ernakulam Bench granting compensation for death or personal injuries of passengers under the provisions of the Railways Act, 1989 read with Rules issued thereunder. Except M.F.A. No. 915/98 all the other appeals are at the instance of the Railway administration. The common question of law that arises in all these appeals is whether in respect of death happened or injury sustained before the Railway Accidents and Untoward Incidents (Compensation) Amendment Rules, 1997 came into force the enhanced rate of compensation under the Amended Rules can be made applicable. The Railway Claims Tribunal, Ernakulam Bench granted compensation in O.A. No. 137/97, O.A. No. 24/96, O.A. No. 142/97, O.A. No. 136/97, O.A. No. 124 of 1997, T.A. No. 56/97, O.A. No. 93/97, O.A. No. 94/97 and O.A. No. 3/98 by applying the Amended Rules. These judgments are challenged by the Railway administration in M.F.A.Nos. 816, 839, 1249, 1265, 1282, 1284, 1292, 1293 and 1320 of 1998. In T.A. No. 259/96 the Tribunal applied unamended provisions and therefore the judgment is challenged at the instance of the applicants. The contentions are raised in the appeals by the Railway administration on the merits of the claim also. We will first consider the common question of law and thereafter deal with the factual contentions raised in each case separately.

2. Section 124 of the Railways Act, 1989 provides for liability of Railway administration for loss occasioned by the death of a passenger, dying as a result of the railway accident, and for personal injury and loss, of property whether or not there has been any wrongful act, neglect or default on the part of the Railway administration. Section 82-A of the Indian Railways Act, 1980 is the forerunner of this provision. The compensation payable by the Railway administration under S. 124 is "to such extent as may be prescribed" and to that extent only. The amount of compensation thus payable is specified in Schedule II of the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990. The Railways (Amendment) Act, 1994 which came into force with effect from 1-8-1994 brought in amendment to S. 123 by introducing a new concept of 'untoward incident.' As a consequence a new section as S. 124-A was also introduced after S. 124 of the Act. The term "accident" is defined under S. 123 as an accident of the nature described in S. 124. An accident described in S. 124 is one which occurs in the course of working a railway either by a collision between trains of which one is a train carrying passengers or the derailment of or other accident to a train or any part of a train carrying passengers. By the 1994 amendment Cl. (c) was added to S. 123 which reads as follows :-

"(c) 'untoward incident' means-

(1)(i) the commission of a terrorist act within the meaning of sub-section (1) of S. 3 of the Terrorist and Disruptive Activities (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 office or on any platform or in any other place within the precincts of a railway station; or

(2) the accidental falling of any passenger from a train carrying passengers'."

A provision similar to S. 124 is provided under S. 124-A making the railway administration liable for loss occasioned by the death of a passenger as a result of an 'untoward incident occurring in the course of working a railway and for personal injury of the passenger whether or not there has been any wrongful act, neglect or default on the part of the railway administration. For the purposes of this section "passenger" includes, a railway servant on duty as in the case of S. 124. But this section would take in also a person who has purchased a valid ticket for travelling,