GULSHANBANU LIYAKATALI MANIYAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THOUGH these appeals arise out of two different orders dated 19.06.2006 passed by the Railways Claims Tribunal, Ahmedabad Bench, but since the facts are common in all the appeals, we have heard and decided these appeals by this common judgment and order. Facts, as could be noted from the record, are as under:

(2.) APPELLANT of First Appeal No.1722/07 and First Appeal No.1723/07 Shri Liyakatali Bachasardar Maniyar and appellant of First Appeal No.1720/07 and First Appeal No.1721/07 Smt.Gulshanbhanu Liyakatali Maniar are husband and wife. Each of them filed two claim petitions before the Railway Claims Tribunal claiming different amounts as compensation for having sustained injuries in a train accident which happened on 21.4.2005. It is their common case before the Claims Tribunal that they were travelling in Train No.9168 Up Varanasi-Ahmedabad Sabarmati Express on 21.4.2005. The said train collided with Up JNPT Goods Train at Samlaya Railway Station. In the said accident, they sustained injuries which made them entitled to file claim petition under section 124 of the Railway Act, 1989. It appears that two different advocates took their claim cases and filed two different petitions for each of them. Claim Case No.OA 0500131 was filed by advocate Shri M.B.Shah for and on behalf of appellant in Appeal No.1722/07 claiming compensation of Rs.2 lacs. The said claim petition was filed before the Tribunal on 29.7.2005. Another claim petition being OA 0500195 was filed by this very appellant in First Appeal No.1723/07 through another advocate Shri N.R.Kapade claiming compensation of Rs.80,000/-. The said claim petition was filed on 24.11.2005.

(3.) IT appears that these appeals were earlier dismissed for non-prosecution. Subsequently, they were restored to file.