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1977 Supreme(Cal) 68

SALIL KUMAR DATTA, G.N.RAY
UNION OF INDIA (UOI) – Appellant
Versus
AD-HOC CLAIMS COMMISSIONER – Respondent


Advocates Appeared:
Amal Chandra Roy, B.DUTTA, BIKASH CHANDRA SEN, DIBAKAR DUTTA SHARMA, DIPANKAR DAS GUPTA, H.D.GHOSH, JUTHIKA BOSE, Jyotirmoyee Nag, NANDITA GHOSH, NONI COOMAR CHAKRAVARTI, P.K.GHOSH, PARESH NATH BHATTACHARYA, R.N.DAS, R.P.BAGCHI, S.P.SAHAY, S.S.ROY

SALIL KUMAR DATTA, J.

( 1 ) A major train accident occurred on January 29, 1975 at Ultadanga Road Station by collision between two passenger trains. The accident was attended with loss of human life and grievous injury to passengers as also loss of property. The Railway Administration appointed an Ad-hoc Claims Commissioner (hereinafter referred as Claims Commissioner) for determination of claims for compensation made by the passengers for personal injury as also for loss of property on account of the accident. The Claims Commissioner held sittings when evidence was adduced by the victims in support of their respective cases in respect of the compensation payable by the Railway for injury to person and loss of property caused by the accident. The Claims Commissioner determined the compensation payable by the Railway Administration to the passengers before him on account of personal injury suffered by them as also for loss of goods. The Railway Administration was dissatisfied with the determination of such compensation which according to the Railway was not authorised by the provisions of the Indian Railways Act, 1890 and the Rules made thereunder. Accordingly the Union of India mo




































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