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1979 Supreme(All) 297

N.N.MITHAL, H.N.SETH
Yashoda Devi – Appellant
Versus
Union of India – Respondent


Advocates:
J.N. Tewari, for Appellants; Lalji Sinha, for Respondents.

Judgement

H. N. SETH, J. :- This appeal under Section 82-F of the Indian Railways Act by Smt. Yasoda Devi, Suni Kumar and Oudesh Kumar is directed against an order dated 15-3-75, passed by Claims Commissioner, Moradabad dismissing their claim for compensation.

2. The claimants Smt. Yashoda Devi, Sunil Kumar and Oudesh Kumar are the widow and minor sons of late Sri Ram, Boiler Loco running shed, Lucknow who along with his daughter Kumari Kunwari Devi, lost his life in a railway accident that took place on the night intervening 20/21-2-74 at Kathghar near Moradabad Junction.

3. According to the claimants, on 16-2-74, Sri Ram and his daughter Km. Kunwari Devi, aged about 161/2 years had gone to Haridwar to have a dip in Ganges on the occasion of Maha Shivratri which fell on 19-2-74, both of them were returning by 66 DN. Varanasi Janta Express train which collided with a stationary goods train at Kathghar near, Moradabad. As a result of this accident, both Sri Ram and Km. Kunwari Devi were killed. The claimants urged that apart from Sri Ram, Km. Kunwari Devi was also earning a sum of Rs. 150 p.m. by tailoring, embroidery and knitting etc. and that they were dependants not only on Sri Ram





































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