UNION OF INDIA UOI Vs. JHANSI RAM

JUDGEMENT

(1.) This petition is directed against the order of Claims Commissioner, Northern Railway, Allahabad, dated 23rd March, 1979, allowing a claim put forward by one Jhansi Ram, a railway employee and his minor son Dalip Kumar. Under the impugned order a sum of Rs. 34,500/- was awarded to Jhansi Ram and Rs. 25,000/- to Dalip Kumar. The compensation has been granted under Section 82-A of the Indian Railways Act, 1890, which provides for adjudication of claims by passengers for injuries sustained by them or by their dependants, if the passengers die in a railway accident.

(2.) In the present case, the accident took place while Jhansi Ram, his wife Gyan Kumari, their daughter Geeta and a minor son Raju were travelling by the Deluxe Express (103 Up) on 10.10.1977 from Durgawati to Allahabad. In the accident Gyan Kumari, Geeta and Raju aforesaid all died. Jhansi Ram, however, escaped death but sustained certain injuries. The accident had taken place while the Deluxe Express was nearing Allahabad Railway Station. To be precise, the accident took place at Naini as a consequence of collision with a goods train being Up C.P.C. Special around 00.15 hours.

(3.) After the aforesaid tragedy, Jhansi Ram lodged a claim before the Ad Hoc Claims Commissioner, praying for compensation under various heads on account of the injuries sustained by him as well as for the death of his wife, Gyan Kumari. Later on, Jhansi Ram made an application on behalf of his minor son Dalip Kumar, as latter's guardian, claiming compensation on account of the death of Gyan Kumari. By the impugned order both the claims have been allowed. A sum of Rs. 50,000/- has been awarded to be shared equally between Jhansi Ram and his son Dalip Kumar. Jhansi Ram has been awarded a further sum of Rs. 9,500/- on account of personal injuries sustained by him in the accident. Aggrieved by the award, the Railways have filed this petition.