SUMITRA MISHRA AND ORS Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal under Section 23 of the Railway Claims Tribunal Act, 1987 has been preferred by the claimants-appellants questioning the validity of the order dated 05.04.2013, passed by the Railway Claims Tribunal, Lucknow Bench, Lucknow whereby the claim petition filed by the claimants for awarding compensation on account of alleged untoward incident in which the husband of appellant No.1 and father of appellant Nos. 2 and 3 had died, has been rejected.

(3.) Section 124-A of the Railways Act, 1989 provides that if in the course of working a railway an untoward incident occurs, then, irrespective of the fact there has been or there has not been any wrongful act, neglect or default on the part of the railway administration, it would entitle the dependents of a passenger, who has been killed, to maintain an action and recover damages in respect thereof.