MANUBHAI PUNAMCHAND UPADHYAY Vs. INDIAN RAILWAYS NEW DELHI

JUDGEMENT

(1.) A cry for justice of dejected and disheartened, unsuccessful and unfortunate parents, is echoed in this appeal, who lost only young earning son, in a Fatal Railway Accident, on ill-fated day of July 18 of 1981, and who also lost the legal battle for the compensation for the untimely and premature demise of their beloved only son. A conspectus of a few relevant and material facts leading to the rise of this appeal, needs narration, at the outset, which would unfold untold tragic scenario.

(2.) The appellants are the original plaintiffs, who instituted Special Civil Suit No. 57 of 1983, in the Court of Civil Judge (S.D.), Mehsana, for compensation for the unfortunate and untimely demise of their only earning son, aged about 20, in a cruel Railway accident. Deceased Shailesh was travelling in a Delhi Mail train, proceeding from Ahmedabad towards Mehsana side, on the ill-fated day as a bona fide passenger.

(3.) The train accident occurred, on account of a derailment of train between Dangarva and Ambaliyasan villages, in Mehsana District, wherein, the deceased along with many other victims sustained serious injuries and succumbed to the same, on the spot. The appellant No. 1 is the father and appellant No. 2 is the mother of the deceased Shailesh, who claimed an amount of Rs. 2,00,000.00, by way of compensation, by invoking the aid of the provisions of Sec. 80 of the Indian Railways Act, 1890 (as then applied).