DOMINION OF INDIA Vs. KANIZ FATMA

JUDGEMENT

(1.) This first appeal filed by the defendant-Union of India representing the Indian Railways arises out of a suit for recovery of Rs. 10,000 as damages by respondent 1.

(2.) The action was brought in forma pauperis on the ground that the plaintiff's son Azmatullah Khan employed as a fireman in O.T. Railway died as a result of an accident by the collision of two trains Nos. 377 U.P. and 374 D.N. between Haldwani and Kiohba railway stations on 8 March 1947. The deceased was a fireman on one of the engines which were involved in this accident. He received fatal injuries and was taken to Izatnagar railway hospital where he died on the night between 11 and 12 March 1947. At the time of his death he was of 21 years of age and was drawing monthly emoluments of Rs. 34-7-0 including dearness allowance. The expectation of life was said to be sixty years and the plaintiff, being deprived of the benefits of her son, brought this suit. The father of the deceased was impleaded as a defendant. They were said to be the only two heirs of the deceased. A notice under Section 80, Civil Procedure Code, was said to' be given, and as the collision of the trains was said to have resulted from the negligence and misconduct of the servants of the defendant the plaintiff claimed Rs. 10,000 as damages.

(3.) The defendant-appellant contested the suit on a variety of grounds including the bar of the suit by the Workmen's Compensation Act and the Indian Ratal Accidents Act. The doctrine of common employment was also set up as a bar and the plaintiff was said to be not entitled to any decree.