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2002 Supreme(Ker) 153

G.B.PATTANAIK, S.N.PHUKAN, S.N.VARIAVA
Union of India – Appellant
Versus
Bhagwati Prasad – Respondent


Judgment :-

1. The Union of India through General Manager, Northern Railways is in appeal against the revision order of the High Court of Allahabad. By the impugned order, the High Court has upheld the order of the claims tribunal on preliminary issue as to whether the Motor Vehicle Claims Tribunal has jurisdiction to entertain claim for compensation against railway administration, in the event it is held that for the accident in question there was no negligence on the part of the railway administration. A taxi came in collision with Allahabad-Saharanpur passenger train as a result of which passengers died and some sustained bodily injuries. For sustaining such bodily injuries arising out of the accident, applications were filed claiming compensation under S.110A of the Motor Vehicles Act, 1939 (hereinafter referred to as 'The Act'), against the insurer of the taxi as well as against the railway administration. It was alleged that the accident occurred due to the negligence of the employees of the railway staff at the railway crossing, the railway crossing having been kept open for the high-way traffic at a time the train was to pass through the point. The railway administration fi




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