SADA KANWAR Vs. GENERAL MANAGER, NORTHERN RAILWAY

JUDGEMENT

(1.) A land mark of old Delhi known as 'Dufferin Bridge is situated near the Delhi Junction Railway Station. Underneath that bridge is the office of the Chief Train Examiner of the Northern Railway. The building is constructed in between the metre gauge and the broad gauge lines. Smt. Shanti Devi widow of Gokul Singh was employed as a labourer in that office. Her working hours were from 8 a.m. to 5 p.m. with an hours lunch break from 12 noon to 1 p.m. She was hit by a railway engine on Aug. 17, 1975, while crossing the broad gauge line near her office at about 11.30 a.m. She was removed to the Hospital where she died on Oct. 9, 1975. She left six children.

(2.) The plaintiffs herein were minors when the present suit was filed. Initially five of them filed a petition under Order 33, Rule I of the Code of Civil Procedure (one child having died prior to the filing of the petition) as indigent persons claiming damages of rupees two lakhs from the General Manager, Northern Railway and the Union of India through Secretary, Ministry of Railways, New Delhi. After due enquiry, permission to sue as indigent persons was granted to them and the petition registered as a suit. It appears that the plaint lacked in certain material particulars and as such amendment of the plaint was allowed. By the time in the year, 1980 the amended plaint was filed, one of the minor plaintiffs had expired because of starvation. It is so stated at the Bar.

(3.) In the present plaint, Sada Kanwar, Lakshmi, Dinesh Singh and Meena are the plaintiffs. Their case is that their mother at the time of her death was of about 31 years of age. They aver that their father Gokul Singh who was a permanent employee in the Northern Railway, died in Feb., 1974 and after his death Shanti Devi was employed as a water-bearer, in that very Railway and was posted in the above said office under the Dufferin Bridge. She was drawing about Rs. 186 per month. The duty assigned to her was that of water carrier or water bearer. The fact that on Aug. 17, 1975 she was run over by an engine while she was crossing the broad gauge line near her office is not under dispute. According to the plaintiffs, she had crossed over the lines from her office to fetch water from a hand pump installed in between the railway tracks of the broad gauge ; that there is a hand pump installed by the railway authorities is, however, also not under dispute. The plaintiffs claim that their mother died not only during the course of her employment but the accident arose out of an during the course of her employment. The defendants deny the averments.