SUDHA SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. Jaspreet Singh and Mr. P.K. Singh learned counsel appearing for the appellants and Mr. Asit Chaturvedi, learned counsel for the Union of India.

(2.) PRESENT appeal has been preferred under section 23 of the Railway Claims Tribunal Act, 1987 against the impugned award dated 12.9.2002, passed by the Railway Claims Tribunal, Lucknow Bench, Lucknow, dismissing the claim petition filed by the appellants for payment of compensation on account of death of the deceased in a railway accident.

(3.) IT has been submitted by appellant's counsel that the military warrant is issued to the army personnel only in case they move from the shortest route. Why the deceased was going through Delhi is not ascertainable. Naturally, the military warrant might have been issued by the army only in case the deceased would have been travelling straightaway from Lucknow to Jammu by train which was undoubtedly available on account of connectivity between Lucknow and Jammu. For what reason, the deceased was going to Jammu via Delhi is a fact which may not have been known to the dependants of the deceased. During cross-examination, Prem Kant Dubey, the witness produced on behalf of the claimants stated that he did not know anything about the military warrant. Possession of the ticket has been disbelieved also on the ground that there is no explanation on record as to why the deceased was going to Jammu by Lucknow Mail via Delhi.