SUNDRI Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) This First Appeal From Order filed under Section 83-F of the Indian Railways Act, 1890, has been preferred against the judgment of the Ad hoc Claims Commissioner appointed under Section 82-B of the Indian Railways Act (hereinafter referred to as the 'Act'), dismissing the claim of the appellants for compensation under Section 82-A.

(2.) A claim of Rs. 50,000/- had been preferred by the appellants for the death of Suraj Prakash, son of Smt. Sundri appellant no. 1 and brother of appellants 2 to 4. Suraj Prakash was 18 years of age at the time of his death. He was travelling with his father Chet Ram by 66 Dn. Janta Express from Hardwar to Bareilly when this train collided with a stationary goods train at Katghar near Moradabad. Both father and son died in this accident on the spot. The appellants claimed that both the persons were travelling on a railway pass issued to Chet Ram as railway servant.

(3.) The claim was contested by the Union of India on a number of grounds. We are, however, concerned only with one ground about the entitlement of the appellants to get the compensation. The Union of India claimed that Suraj Prakash since was not a bona fide passenger, the appellants could not get compensation under Section 82-A.