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PANKAJ JAIN, J.

1. Appellant is aggrieved of the award passed by RCT, Chandigarh whereby the applicant has been held entitled for compensation of Rs.4 lakh on account of death of her grand daughter, who died along with other family members in railway accident.

2. It is not in dispute that the deceased Krishana Ben Uppadhyay was travelling along with her parents and grandmother in train No.3152 Dn, Sealdah Express train, ex. Jammu Tawi to Saharanpur which collided with Golden Temple Mail train near Khanna on 26.11.1998.

3. The only ground raised in appeal is that the grandfather being not dependent upon his grand daughter, cannot maintain petition under the Railways Act to seek compensation on account of death of grand daughter.

4. The issue is squarely covered by ratio of law laid down by Division Bench of this Court in Dhyan Singh and another vs. Union of India and others reported as 2008(4) PLR 550. The precise issue arose before the Division Bench. While answering the issue Division Bench observed as under:-

“11. The provisions of the Motor Vehicles Act, 1939, authorised a legal representative of the deceased to claim compensation. Under the Railway Act, the legal represent