RAJ KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Sharve Singh and Mr. Neerja Singh, learned counsel for appellants as well as Mr. A.K. Gaur, learned counsel for the Union of India and Mr. Amit Manohar, learned counsel for the insurance company and perused the records.

(2.) Since common question of law is involved in these appeals as such they have been connected and heard together and are being decided by common judgment.

(3.) Learned counsel for appellants submits that the alleged accident had taken place on 28.5.1994 when the tractor trolley of the claimants was crossing at Chhitanpur Label Railway crossing (PS Katra, district Gonda). Due to rash and negligent driving of driver the train no. 5063 UP Gorakhpur-Bandra Express had hit the tractor trolley. It is submitted that the learned Tribunal while deciding the issues framed had come to conclusion that the alleged accident had taken place due to rash and negligent driving of the driver of train, however, while deciding the quantum of compensation it has come to conclusion that the Tribunal sitting at Allahabad does not have the territorial jurisdiction to award compensation.