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2000 Supreme(P&H) 271

S.S.SUDHALKAR
Union Of India – Appellant
Versus
Urmil Gupta – Respondent


Judgment

S.S.Sudhalkar, J.

1. Respondents had filed a claim petition before the Railway Claims Tribunal, Chandigarh Bench being case No.QA-II/67/1997 for death of Rajinder Kumar husband of respondent No.1 and father of respondents No.2 and 3. The claim was allowed by the Tribunal and Rs. 2,00,000/- was awarded as, compensation. Being aggrieved by the said order, this appeal is filed by the appellants.

2. The case of the respondents is that Rajinder Kumar met with an accident while travelling in Inter City Train which was on its way to Rohtak-Jind from Delhi-Bahadurgarh on 22.9.96 to 3.13 p.m. It was stated that the deceased was hit by pole (signal) which was quite adjacent to the railway line and due to its situation many accidents occurred at that place. The deceased received fatal injuries because of the accident and hence a petition was filed for compensation of Rs. 3,00,000/-.

3. Upon notice being served, the appellants had filed written statement in which they have denied that the deceased died in a train accident. It is further contended that the alleged incident was not a train accident within the meaning of Section 124/124-A of the Railway Act. It is also contended that the



































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