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2011 Supreme(P&H) 2094

MOHINDER PAL
Paramjit Kaur – Appellant
Versus
Union of India through General Manager, Northern Railway – Respondent


Advocates appeared:
Mr. B.S. Sewak, Advocate for the appellants.
Mr. Jagdish Marwaha, Advocate for the respondent.

JUDGMENT

MOHINDER PAL, J. - The claimants widow, minor daughter and father of the deceased Sukhwinder Singh filed a claim application seeking compensation to the tune of Rs.30 Lacs from the respondent on account of death of said Sukhwinder Singh in the railway accident alleged to have taken place on 12.7.2006.

2. Case of the petitioners as stated in the claim application is that on 12.7.2006, Sukhwinder Singh was travelling in train No.626-A for journey from Sunam to Gurne. After alighting from the train at Railway Station, Gurne, he moved for his Village Chotian on Kachha path. In the railway premises i.e. yard of Railway Station, Gurne, electricity pole was fixed and due to slip of foot, Sukhwinder Singh fell down on the wires of electric pole and died due to the electric shock. The death of the deceased was due to the negligence on the part of the railway authorities.

3. After notice, railways have contested the claim application with the preliminary objections regarding maintainability and the claim being highly exaggerated. It has been submitted that the deceased was not a bona fide passenger nor holding valid ticket or document to travel in the train. On merits, it was averre






























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