SARUPI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Smt. Sarupi Devi ann others have filed this suit againstUnion of India and the General Manager, Northern Railways. Smt. SarupiDevi is the mother of one Vinod Kumar and plaintiffs No. 2 and 3 are hisbrothers. The said Vinod Kumar was alleged to be a cultivator and alsoengaged in dairy farming. On 23/05/1983 at about I a.m. when the saidVinod Kumar was ioing in a truck accompanied by other persons, be met witha fetal accident as a result of which he died at the spot. the case as built upby the plaintiffs is that Vinod Kumar was travelling in the truck which wascrossing the railway level crossing of Khera Kalan, Delhi between Badli andHalambi Kalan stations. the gate of the level crossing of Khera Kalan at thetime of the accident was left open by the gateman. the truck in which tbedeoeasod Vinod Kumar was travelling when it was crossing the railway levelfrom one erection and from the opposite direction a tractor was coming inolder to cross the railway level crossing. the railway terain No. 1 S.N.(Soaepat Now Delhi Shuttle) approached the railway crossing. It was drtvenvery fast and in a rash and negligent manner, as a resuit of which it hit tbetruck and the tractor, six of the occupants of the truck including Vinod Kumardied and three were seriously injured. Vinod Kumar was a young man of 22years He was unmarried. Because of this unfortunate accident, the plaintiffNo. 1, who happens to be the mother of the deceased Vinod Kumar, andplaintiffs No. 2 and 3 who happen to be the brothers of the deceased, havenude a daim of Rs. 1,O5,000.00.

(2.) Plaintiff No. 1 being the mother was dependent on the deceafedVinod Kumar, who from Us cultivation, was earning a sum of Rs. 20,000.00and from dairy farming his annual income was Rs. 10,000.00. Claim was lodgedwith the railways, who in turn gave a. sum of Rs. 35,000.00 as compensation tothe plaintiffs. This was accepted under protest by the plaintiffs and thereaftera legal notice was issued on 21/05/1984 but without any success. Hencethis wit.

(3.) Written, statement was filed on behalf of the defendants and defencewas taken that the amount of Rs. 35,000.00 was in full and final aettlement oftbe claim on account of the death of deccased Vinod Kumar. Further, it wasdented that there was any negligence on the part of the employees of therailways or that the deceased diea becauK of the rash and negligent driving bythe train driver.