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2008 Supreme(P&H) 1750

HEMANT GUPTA, KANWALJIT SINGH AHLUWALIA
Dhyan Singh – Appellant
Versus
Union Of India – Respondent


Judgment

HEMANT GUPTA, J.

1. This order shall dispose of Civil Writ Petition Nos. 3398 and 3423 of 2007 challenging the order dated 24-8-2005 passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh, declining applications for compensation on account of death of the Harpreet Kaur and Baljinder Kaur sisters of the Petitioner No. 2, a minor and grand daughters of Petitioner No. 1.

2. On 14-12-2004, Harpreet Kaur and Baljinder Kaur, and their parents boarded DMU passenger train from Railway Station Jalandhar city for journey to Pathankot. The said train collided head on with Ahmedabad bound Jammu Tawi Express train near Harse Mansar village (about 25 Kms from Pathankot) as a result of which both sisters of the petitioner No. 2 and their parents died. The deceased were unmarried girls of 20 and 19 years of age. It is the case of the petitioners that except the petitioners there is no other legal heir or dependent who is entitled to claim compensation on account of death of deceased Baljinder kaur and Harpreet Kaur.

3. The learned Tribunal dismissed the claim application filed by the petitioners on the ground that the petitioners do not fall within the definition of dependent








































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