SUDHA Vs. CLAIMS COMMR NORTHERN RAILWAY

JUDGEMENT

(1.) This first appeal from order under O.43, R.1, CPC and under S.82-F of the Railways Act is directed against the order dated 27th April 1979 passed by the ad hoc Claims Commissioner, Northern Railway, Allahabad. By this order, the claim petition filed by Smt. Sudha Srivastava was rejected and aggrieved by the same, the appellant Smt. Sudha Srivastava has come up before us by way of this appeal.

(2.) The brief facts giving rise to this appeal are that 103 Up Delux Express train and UPC Special train collided at Naini Railway Station of Allahabad Division on 10th Oct. 1977 at 00.15 hours. The appellant through an application dated 7th Jan. 1978 presented on 9th Jan. 1978 for grant of Rs. Five Lakhs as compensation u/s.82F of the Railways Act, alleged that her husband Sri Ram Naresh Srivastava was travelling by the aforesaid 103 Up Delux Express train from Mugalsarai to Kanpur, died as a result of the collision of the aforesaid trains on 10th Oct, 1977. Smt Sudha Srivastava filed claim petition No.20 on her own behalf and as a guardian of her two minor unmarried daughters and four minor sons for the alleged death of her husband Sri Ram Naresh Srivastava who is claimed to have been a passenger on 103 Up Delux Express train.

(3.) On the other hand, in the written statement filed by the Railway administration, it has been stated that the alleged deceased was not a bona fide passenger in the aforesaid train and that the name of the alleged deceased is not borne out in the official list of the dead persons. It has also been denied that the applicant was a dependent of the alleged deceased. On the pleadings of the parties, the following issues were framed by the ad hoc Claims Commissioner Northern Railway Allahabad. 1. Whether Ram Naresh Srivastava was a bona fide passenger in the train which met with the accident? If so, whether he died as a result of the accident? 2. Whether the applicants are dependents of Sri Ram Naresh Srivastava? 3. To what compensation if any, are the applicants entitled?