BAIJNATH SINGH Vs. OUDH TIRHUT RAILWAY

JUDGEMENT

(1.) The appellants before us are the minor sons of Ram Lal Singh, They filed a claim for compensation under Section 10 of the Workmen's Compensation Act, 1923, before the Commissioner for Workmen's Compensation appointed under the said Act. Their statement of claim was registered as Miscellaneous Application No. 2 of 1948.

(2.) The claimants alleged that their father was employed as S.P.W. I. in the service of the Oudh Tirhnt Railway at Sahjanwa railway station and that he died on 18-3-1947 from an accident resulting from collision of a light engine with a trolly which he was plying to measure the creep from Gorakhpur. Then the claim set out the details of the accident and stated that the claimants were the minor sons of the deceased and wholly dependent on him and that the family had heavily suffered for which legitimate compensation was due to the dependents and the members of the family. They stated that a claim for compensation made to the Railway had been rejected and they claimed a sum of Rs 3,500/- by way of compensation. The cause title of this miscellaneous application No. 2 of 1948 showed the Oudh Tirhut Railway through its General Manager residing in Railway Quarters Gorakhpur as the opposite party. A written statement was filed by the opposite party the Oudh Tirhut Railway through the General Manager. We are not concerned with the other pleas in this written statement except plea No. 14 which runs as follows :

(3.) Upon the pleadings of the parties the Commissioner for Workmen's compensation framed several issues. Issue No. 4 was in the following terms :