NAWLESH PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) ON the last date of hearing adjournment was sought on behalf of the appellants and which was allowed in the interest of justice subject to depositing of costs of Rs.5,00/ - in each of the appeals. Today no one appears on behalf of the appellants and nor is there any proof that costs have been deposited. It may be noted that even earlier on 12.02.2013 adjournment was sought on behalf of the appellants.

(2.) COUNSEL for the respondent very strongly opposes the adjournment and states that strategies are being used to unnecessarily delay the disposal of the appeals which be decided on merits. I have therefore heard the counsel for the respondent and after perusing the record I am proceeding to decide these appeals.

(3.) THE case pleaded by the appellants/applicants was that Smt.Meera Devi along with Baby Palak and Master Abhijit died in an untoward incident on account of falling from the train Himalayan Queen Express on 28.3.2010. Three claim petitions were therefore filed seeking statutory compensation under the Railways Act, 1989. Compensation is statutorily fixed at Rs.4 lakhs for death of each bona fide passenger. In the claim petition, it was stated that the deceased Smt. Meera Devi along with three children Baby Palak, Master Abhijit and Master Abhishek were travelling by Himalayan Queen Express from Chandigarh on 28.3.2010 when deceased Smt. Meera Devi near Dhol Mazra railway station went to the toilet for cleaning Master Abhijit but Baby Palak also went behind her whereas Master Abhishek remained on the seat, when due to sudden jerk of the train the three persons Smt.Meera Devi, Baby Palak and Master Abhijit fell down from the train resulting in their death.