R.K.Choudhary, J.

1. These two appeals arise out of two miscellaneous cases which were heard together and were disposed of by one judgment. The point involved in both the cases is the same. They have, therefore, been heard together with the consent of the parties, and this judgment will govern them both.

2. The short facts are these: One Sudhangshu Sekhar Prasad Sinha, a Sub-Inspector of excise posted at Raxaul and employed in the service of the State of Bihar, and his wife Urmila Devi started by the afternoon steamer from Mahendru Ghat on 1-1-1954, at about 2.30 p.m. When the train in which they were travelling was approaching Raxaul railway station there was a head-on collision between that train and a goods train at 5.30 a. m. on 2-1-1954, near the outer signal of Raxaul station. As a result of that accident, these two persons died and they were found lying dead in the railway compartment they left behind six minor children. Ramchandra Prasad Sinha, their grand-father, therefore, filed two claim petitions on their behalf under Section 82-A of the Indian Railways Act, hereinafter to be referred to as the Act, in respect of the death of their parent.

The claim petition in