The main legal point established in the judgment is that the legal representatives of a deceased passenger are entitled to continue the claim for compensation under the Railways Act, 1989, despite the death of the injured party.

JUDGMENT

Anoop Kumar Dhand, J. - Instant appeal has been submitted by the applicant-appellant against the impugned judgment dated 22.03.2012 passed by Railway Claims Tribunal, Jaipur Bench-Jaipur (for short 'Tribunal') by which the claim petition filed by the injured-Ranjeet has been rejected on the ground that during the pendency of the claim petition, the injured-Ranjeet expired and his legal representatives could not be allowed to continue claim petition.

2. Brief facts of the case are that the Original Application was filed by the injured-Ranjeet before the Tribunal stating therein that after purchasing a second class railway journey ticket on 20.06.2009, he boarded in train No. 1735 (Kota - Damoh Passenger) and accidentally he fell down from the train near Baran Station and sustained injuries. Thereafter, he was admitted in a hospital and after discharge, he filed claim for getting compensation.

3. During the pendency of the claim petition, the injured died on 19.10.2009. After the death of the injured, the parents of the injured namely, Ramesh Chand and Prem Bai submitted an application for substituting them as legal representatives of the injured/deceased-claimant.

4. The Railway Authorities opposed the application and prayed for dismissal of the same.

5. After hearing both sides, the Tribunal came to the conclusion that in the present case there was no claim for loss of estate and the entire claim was based on perverse claim of the deceased. Hence the Original Application cannot be continued by the legal representatives and after death of the original applicant, the claim petition was held to be not maintainable and the application filed by the applicant was rejected and the claim petition was also rejected.

6. Learned counsel for the claimant-appellant has placed reliance upon the judgment of Hansraj v. Union of India (FAO No. 304/2017) decided by the Delhi High Court, Virendra Kumar Tiwar v. Union of India 2017 (2) TAC 16 (ACC) decided by the Allahabad High Court & Arthamudi Ramu & Ors. v. Union of India 2008 ACJ 1659 wherein the Courts have held that claim petition filed by the injured is not abated after his death and his legal representative can continue the same.

7. Heard and considered the argument of counsel for the appellant-claimant.

8. No one has put in appearance on behalf of the respondent.

9. Heard and considered the arguments.

10. In this case, claim petition was filed before the Tribunal on account of injuries suffered by the original applicant-Ranjeet. Ranjeet was alive when the claim was filed for seeking compensation on account of the injuries sustained by him. During pendency of this claim petition, he died. This his parents (applicants) submitted application for their substitution as legal representatives of the claimant. But the tribunal rejected the application by observing that the original claimant has died.

11. Before adverting the facts of the present case, it is necessary to consider the relevant provisions of the Railways Act, 1989.

12. Chapter XIII of the Railways Act, 1989 deals with the liability of Railway Administration for death and injury to passengers due to accident. Section 125 of the Railways Act, 1989 provides for filing an application for compensation. The same reads as under:-

"125. Application for compensation.--(1) An application for compensation under section 124 [or section 124A] may be made to the Claims Tribunal-

(a) by the person who has sustained the injury or suffered any loss, or

(b) by any agent duly authorised by such person in this behalf, or

(c) where such person is a minor, by his guardian, or

(d) where death has resulted from the accident, [or the untoward incident] by any dependant of the deceased or where such a dependant is a minor, by his guardian.

(2) Every application by a dependant for compensation under this section shall be for the benefit of every other dependant"

13. Section 124 of the Railways Act, 1989 provides the accident of liability and compensation on account of