LAWS(ALL)-2008-1-6

UNION OF INDIA Vs. VIDYAWATI

Decided On January 29, 2008
UNION OF INDIA Appellant
V/S
VIDYAWATI Respondents

JUDGEMENT

(1.) THIS appeal is arising out of an order of the Railway Claims tribunal, Gorakhpur Bench, dated 12th October, 2007. By the order impugned the Tribunal allowed compensation of rs. 4,00,000/- to the claimants on account of death of the deceased. The deceased was a police personnel, who was travelling by train having valid ticket. The Tribunal gave the following finding in coming to the conclusion:-

(2.) THE appellant contended before this court that this is a first appeal lies to the high Court under Section 123 of the railway Claims Tribunal Act. 1987. However, we are not concerned about the maintainability when such lawis available but with the feasibility of admission on merit. Section 124-A of the Railways Act, 1989 speaks as follows:-

(3.) THE learned counsel contended before this Court that 'untoward incident' means as follows:-Section 123 (c)" untoward incident" means-