YASHODA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal under Section 82-F of the Indian Railways Act by Smt. Yasoda Devi, Suni Kumar and Oudesh Kumar is directed against an order dated 15-3-75, passed by Claims Commissioner, Moradabad dismissing their claim for compensation.

(2.) THE claimants Smt. Yashoda Devi, Sunil Kumar and Oudesh Kumar are the widow and minor sons of late Sri Ram, Boiler Loco running shed, Lucknow who along with his daughter Kumari Kunwari Devi, lost his life in a railway accident that took place on the night intervening 20/21-2-74 at Kathghar near Moradabad Junction.

(3.) AFTER going through the evidence produced in the case, the Claims Commissioner found that Km. Kunwari Devi was also travelling and that she also died as a result of the railway accident. He also found that Km. Kunwari Devi was earning Rs. 150 p.m. and she along with her father had been supporting the claimants who were dependant upon her as well. However, the Claims Commissioner after taking into consideration various circumstances mentioned by him, came to the conclusion that as it had not been shown that at the time of the accident, Sri Ram and Km. Kunwari Devi were travelling with ticket, they did not fall in the category of bona fide passengers and as such, no compensation under Section 82-A of the Indian Railways Act was payable to the claimants in respect of their deaths. Being aggrieved, the claimants have come up in appeal before this Court.