ABDUL JABBAR Vs. CLAIMS COMMISSIONER

JUDGEMENT

(1.) (for self and for J. M. L. Sinha, J.) :-The present appeal is directed against the decision of the Claims Commissioner, Northern Railway, Allahabad, dated 22-1-1976. The facts giving rise to this appeal lie in a narrow compass

(2.) A bogie of Upper India Express (14 Down) caught fire while running near Manoharganj Railway Station, Northern Railway, resulting in a number of casualties. One of the claimants was Smt. Baqridan. She preferred a claim for compensation under Section 82-A of the Indian Railways Act alleging that her husband Abdul Razzaq died in that accident and she was entitled to receive compensation. She, however, died before she could lead any evidence in support of her claim. One Mohammad Yunus applied on 12th December, 1975, vide paper No. 15-B for time to move an application for substitution and, actually, the application 16-A was moved on 23rd December, 1975, for substitution of eight persons in place of Smt. Baqridan. Those persons were brought on the record, but a question arose whether they were entitled to compensation.

(3.) RELIANCE was also placed on Kavari Structural v. Bhogram, 1978 Indian Factories and Labour Reports 31. The question in that appeal was whether a "dependant," as defined in Section 2 (d), who preferred a claim, having died during the pendency of the proceedings, his or her legal representative could prosecute the claim for compensation and relying on Pasupati Dutt v. Kelvin Jute Mills (supra), it was held by the Karnataka Court that the claim could be prosecuted by the legal representatives.