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A.C.BORA, S.N.PHUKAN
NATHMAL HANSARIA – Appellant
Versus
U. O. I. – Respondent


Advocates:
Counsel for the Parties :
For the Complainants :Mr. L.M. Kshetry, Advocate.
For the Opp. Parties :Mr. B.K. Sarma, Advocate.

ORDER

Mr. Justice S.N. Phukan, President — The present petition has been filed by the parents of deceased Kabita Hansaria claiming compensation against the Railways amounting to Rs. 5 (five) lacs; Rs. 2 (two) lacs for the death of their daughter, deceased Kabita Hansaria and Rs. 3 (three) lacs for mental and emotional shock suffered by the complainants. The complainant No. 2, i.e. mother with her son and daughter deceased Kabita boarded the Tinsukia Mail on 27.12.90 at Delhi for travelling to Guwahati. It is stated that the train was interconnected train with facility of travelling /going from one compartment to the other in case of need by any of the passengers. The passage according to the petitioner has to be thoroughly covered and protected. On 29.12.90 there was no water in the compartment in which the above persons were travelling and near Chansari Railway Station, deceased Kabita felt the need for attending her call of nature. As there was no water, she was going to next compartment through the passage which was supposed to be covered and protected by the Railways for the safety of the passengers, but that particular passage, according to the petitioners had no side grills fo













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