SUNEEL KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Manish Kumar Srivastava, learned counsel for the appellant and Sri Prashant Kumar Srivastava, learned counsel for the respondent.

(2.) This is an appeal under Section 23 of the Railways Claims Tribunal Act, 1987 (hereinafter referred to as ''the Act, 1987") against the order dated 19th January, 2016 passed by the Railways Claims Tribunal (hereinafter referred to as "the Tribunal"), Lucknow Bench, Lucknow in Claim Application No.OA/II/U/889/09, whereby the application for substitution of legal representatives was dismissed.

(3.) The relevant facts necessary for determination of the present appeal are that Smt. Saroj Yadav preferred an application under Section 16 of the Act, 1987 through her husband Sri Suneel Kumar (who is the appellant) for grant of compensation. The case of the claimant was that she along with her daughter Km. Shreya, three years old, was trying to get down from the train, they fell down from the train at Jaipuriya railway crossing near Kanpur Railway Station, both of them sustained injuries; due to said injuries, her daughter-Km. Shreya expired; the applicant, Smt. Saroj Yadav sustained injuries, she had undergone treatment in the hospital at Kanpur. Smt. Saroj Yadav filed an application for grant of compensation on the ground of injuries received by her in the alleged untoward incident bearing Original Application No. OA/II/U/889/09.