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2007 Supreme(AP) 512

PRADEEP KANT, V.C.MISRA
UNION OF INDIA – Appellant
Versus
GAURI SHANKAR – Respondent


Advocates Appeared: Balwant Singh, Lal Ji Sinha

PRADEEP KANT, J.

( 1 ) HEARD Sri Lalji Sinha learned Counsel for the appellant and Sri Balwant Singh learned counsel for the respondents.

( 2 ) THIS appeal under Section 23 of the railway Claims Tribunal Act has been preferred by the Union of India challenging the award of Rs. 4,00,000/- to the dependents of the deceased Smt. Dropadi Devi.

( 3 ) SRI Sinha has raised mainly the following two paints for assailing the award:

1. Smt. Dropati Devi (deceased) was a house wife and was having no earning and, therefore, the claimants cannot be said to be the dependents of the deceased so as to entitle them to any compensation under the railways Act; and 2. There was no evidence on record to hold that the death occurred because of the accidental slip from the train and that it was not a case of suicide.

( 4 ) IN regard to the first plea reliance has been placed by the learned Counsel for the appellant on two Division Bench judgments, namely, G. N. Bhandari Allahabad v. The Railway administration, New Delhi and Charubala Saha and others v. Eastern Railway Administration and another. He has also drawn attention of the Court to the provisions of Sections 123, 124 and 125 of the Railways Act,













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