UNION OF INDIA Vs. SARDARNI RAJINDER KAUR

JUDGEMENT

(1.) Gurprit Singh was a final year student of Punjab Engineering College, Chandigarh in 1967. The College arranged a trip for the students from Chandigarh to Asanol, Howrah, Tatanagar, Bombay and then back to Chandigarh. For this purpose bogie CT 3816 was booked from 15.12.1967 to 3.1.1968 through the Chief Operating Superintendent, N. Rly. New Delhi. The bogie was attached with train 308 Down and reached Howrah on the night of 21.12.1967. At Howrah, the bogie was kept far away from the railway platform. Onthemorningof22.12.67 Gurprit Singh came out of the bogie to go to the Howrah platform to take his breakfast. While he was crossing the railway lines to reach the platform, he was run over by an electric train and died in a Howrah hospital.

(2.) His mother and sister and brother, who were minors, filed a suit for award of Rs. 5,00,000/- as damages as indigent person. A learned Single Judge of the Court tried the suit and by a well considered judgment and decree dt. 2.4.1975 decreed the suit and awarded Rs. 36.000/- as damages with proportionate costs. This is the first appeal by the U.O.I. through the General Manager, N. Riy.

(3.) On a consideration of the material brought on record, we are of the view that the appeal is without any merit. The case was such that the U.O.I, would have been well advised in not filing the appeal. It is lucky that the plaintiffs have not filed cross-objections, otherwise, it may have been possible that the cross objections filed on behalf of the plaintiff may have been allowed and the compensation may have been increased. Since, there are no cross objections, the question of increasing the compensation docs not arise,