UNION OF INDIA Vs. VIRANWALI

JUDGEMENT

(1.) Regular First Appeal No.90-D/1956 and 121-D/1956 raise common questions of law and fact. They relate to a common incident that took place on March 16,1952, at about 4 A. M. when railway engine No. 1175 belonging to thKe defendents collided with lorry No. DLB 1946 at railway crossing gate No. CI-2 in mile No, 2/15 on Delhi Karnal railway line. As a result of that accident two persons, by name, Tirath Singh and Nanoo died instantaneously. -

(2.) . Regular Frist Appeal No. 90-D of 1956 arises from suit No. 260 of 1954 on the file of the learned sub Judge 1st Class, Delhi. That was a suit filed by the widow and the 30n of the deceased Tirath Singh. In that suit the Court below granted a decree for a sum Rs. 45,000.00 against the defendants as damages resulting from the accident, mentioned above.

(3.) Regular First Appeal 121.D of 1956 arises from suit No. 259 of 1956 on the file of the same Judge. That was a suit filed by the widow of Nanoo claiming damages as a result of the accident, referred to already. -In that suit the court below decreed a sum of Bs. 22,500.00 in favour of the plaintiff against the defendants.