UNION OF INDIA UOI Vs. VINOD PRAKASH SINGH

JUDGEMENT

(1.) 66 Down Janta Express collided with M-5 Up Goods Train at Katghar near Moradabad on the night intervening 20/21-2-1974. In that accident one Smt. Rama Devi, wife of Sheetla Bux Singh and mother of Vinod Prakash Singh, major and Awadhesh Kumar Singh, minor died. An application under Section 82-C of the Railways Act was filed by Vinod Prakash Singh and Awadhesh Kumar Singh, under the guardianship of his brother Vinod Prakash Singh, for compensation for the death of their mother.

(2.) The case of the two claimants was that Smt. Rama Devi was travelling with her husband Sheetla Bux Singh on the ill-fated day in the train and Smt. Rama Devi died as a result of the accident. It was asserted that Smt. Rama Devi was doing dairy business at the time of the accident and that the claimants were the sole surviving heirs of the deceased Smt. Rama Devi and they were entitled to claim the compensation for the death of their mother.

(3.) The claim petition was resisted on behalf of the Union of India and it was pleaded that Smt. Rama Devi was not a bona fide passenger on the train at the time of accident. It was also asserted that the claimants were not dependent on the deceased Smt. Rama Devi and the claim was barred by time.