SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2020 Supreme(Jhk) 1131

KAILASH PRASAD DEO
Nilkanth Mandal – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mrs. Chaitali Chatterjee Sinha, Advocate.
For the Respondent:Mr. Vijoy Kumar Sinha, Advocate.

JUDGMENT :

1. Heard, learned counsel for the appellants, Mrs. Chaitali Chatterjee Sinha and learned counsel for the Union of India (Railways), Mr. Vijoy Kumar Sinha.

2. Three claim applications bearing Case No. OA (IIU)/RNC/2016/0004, Case No. OA (IIU)/RNC/2016/0003 and Case No. OA (IIU)/RNC/2016/0008 have been preferred by the same claimants separately for death of three persons, which have been amalgamated by the learned Tribunal and all the claim applications have been dismissed on the ground that the family chose the course of walking through the railway track instead of crossing by Foot Bridge and as such, even though they have tickets, claimants are not entitled for any compensation.

3. Learned counsel for the appellants has submitted that the alleged date of occurrence is 07.12.2015 when deceased Tilak Dhari Mandal, his wife Prem Lata Devi and one minor daughter namely Niti Kumari after purchasing two adult tickets boarded the Train No. 53049 UP Howrah-Mokama Passenger, but because of heavy rush, they fell down and died in accident.

4. Learned counsel for the appellants has submitted that in the final report, which has been brought on record as Annexure-3, at page-30, it has bee

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top