BANGALORE: In a major relief to the Railways and the rail commuters between Bangalore and Hubli, the Karnataka High Court on Thursday stayed the order of the Motor Accidents Claims Tribunal (MACT), Tumkur, attaching the Intercity Express between Bangalore and Hubli.

Accident

A Division Bench comprising Justice Chidananda Ullal and Justice Ashok B. Hinchigeri passed the order on Thursday after the Railways filed an appeal challenging the execution order obtained from the MACT and Additional Civil Judge (Senior Division) by the kin of several killed in an accident in 1998.

The Railways moved the matter in Court Hall No. 2 and said the matter needed to be heard as the MACT had allowed an execution petition and passed an order of attachment, attaching the Intercity Express.

It said the claimants had on March 30 tried to stop a moving train and said under the Railways Act, no materials including moving stock, could be attached even if a decree of attachment was passed by a court without permission of the Centre.

According to the Railways, an autorickshaw carrying several passengers met with an accident near a railway crossing at Mydala Railway Station at12.15 p.m. on January 6, 1998.

Several people died and many were injured when a locomotive from Bangalore hit the autorickshaw.

The next of kin of the deceased and the injured had filed claims.

The MACT partly allowed the claims and also their execution petition.

Ashok Harnahalli, who appeared for the Railways, said no Railway property could be attached and cited Section187 of the Railways Act.

Accepting his contention, the Bench stayed the operation of the MACT order pertaining to the attachment of the train, but asked the Railways to deposit the compensation awarded by the tribunal.

The court adjourned further hearing on the case.

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