The Punjab and Haryana High Court has affirmed a compensation of Rs 4 lakh awarded to a grandfather for the loss of his granddaughter in the devastating Khanna rail disaster that occurred nearly 28 years ago. The court clarified that dependency extends beyond financial support to encompass familial bonds of love, affection, care, and protection.
Information was available with The Chenab Times that the ruling came from Justice Pankaj Jain, who dismissed an appeal filed by the Union of India. The government had challenged the compensation granted by the Railway Claims Tribunal, contending that a grandparent could not claim damages as they were not financially dependent on the deceased child.
The appeal originated from the catastrophic collision between the Sealdah Express and another train near Khanna on November 26, 1998. The accident claimed the lives of the claimant’s granddaughter and several other family members. The disaster took place in the early hours of the morning on the Khanna-Ludhiana section of Northern Railway. The Calcutta-bound Sealdah Express collided with six derailed coaches of a train that was en route to Amritsar.
The trains were estimated to be carrying approximately 2,500 passengers at the time of the incident. The Khanna rail disaster is considered one of the deadliest train accidents in India’s history, resulting in the deaths of at least 212 people.
Challenging the Railway Claims Tribunal’s directive to award Rs 4 lakh to the grandfather, the Union of India, represented by the General Manager of Northern Railway, argued before Justice Jain’s bench. Their primary contention was that under the provisions of the Railways Act, the grandfather was ineligible for compensation because he had no financial reliance on his granddaughter.
Justice Jain, in his judgment, dismissed the appeal by referencing an earlier Division Bench ruling. This precedent established that dependency should not be narrowly construed as solely economic dependence. The court emphasized that familial relationships involve emotional dependencies as well, such as reliance on love, affection, care, and protection.
The High Court judge asserted that grandparents should not be barred from seeking compensation following the demise of a grandchild. He noted that the emotional support and affection derived from a grandchild are significant factors that cannot be disregarded. The court also took into account the specific circumstances of the claimant, who had no other grandchildren, further validating his claim for loss.
“This Court finds that a grandparent cannot be precluded from claiming compensation on account of death of a grandchild. Their dependence on the grandchild for love, affection, care and protection is hard to be ignored. There being no other grandchild of the claimant, this Court finds that the Tribunal rightly awarded compensation in favour of the respondent-claimant,” Justice Jain stated in his ruling.
Finding no substance in the legal challenge presented by the Union of India, the court upheld the Railway Claims Tribunal’s award of Rs 4 lakh compensation. Consequently, the appeal filed by the Union of India was dismissed, bringing a measure of closure to a case stemming from a tragic incident almost three decades ago.
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The Chenab Times News Desk
