.abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 570 OF 2006 ------------------------------------------------------------------------ Office Notes, Office Memoranda of : coram, appearances, Court’s Orders: Court’s or Judge’s orders or directions and Registrar Orders: ------------------------------------------------------------------------ Mr..N. Samant for the appellant. Mr.G.J. Mohanrao for the respondent. CORAM : D.G. KARNIK, J. DATE : 25TH NOVEMBER 2008 P.C. P.C. P.C. : 1. Heard learned counsel for the parties. 2. This appeal is directed against the judgment and order dated 20th October 2005 passed by the Railway Claims Tribunal awarding compensation of Rs.4,00,000/- to the respondent. 3. Learned counsel for the appellant railway submits that the amount of compensation is not in dispute and the only issue raised in the appeal is whether the appellant is liable to pay the compensation without proof of negligence. - 2 - Learned counsel for the appellant states that in in Union of India v. Prabhakar Vijaykumar, reported in 2008 ACJ 1895, the Supreme Court has held that section 124-A of the Railways Act imposes strict liability or a no fault liability in case of loss suffered by a passenger in an untoward incident/accident. The point raised in the appeal is squarely covered by the decision of the Supreme Court that the liability of the appellant is strict and not based upon a proof of negligence. 4. Learned counsel for the appellant submits that in view of the fact that the appellant has deposited the entire amount awarded in this court, the appellant may be relieved of the liability for payment of interest. Learned counsel for the respondent states that the respondent is agreeable for relieving the appellant of the liability of interest and does not claim the relief of interest. 5. In view of this concession, the following order is passed: - 3 - 6. The appeal is partly allowed. The order passed by the Railway Claims Tribunal awarding compensation of Rs.4,00,000/- to the respondent is confirmed. However, the direction for payment of interest is set aside. The respondent is permitted to withdraw Rs.50,000/- from the amount deposited in this Court. (D.G. KARNIK, J.)