MAHADEO LAXMAN KUMARE Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD learned Counsel appearing on behalf of the appellants. In spite of the service no-one is appearing in this matter, on behalf of the respondent, at any point of time. This appeal has been preferred by the original applicants against the original non-applicant/respondent herein, and thereby, challenged the judgment dated 4th August, 1988 passed by the Civil Judge Senior Division, wardha, in Original Railway Claims No. 16 of 1986, whereby, their application for compensation was dismissed in toto.

(2.) ONE Hemraj Mahadeo Kumare, aged 20 years, was travelling in 385 down Bhusawal-Nagpur Passenger on 5th September, 1986, which met with an accident near Pulgaon, as it hit by the derailed wagons, died in the said accident on the spot. Accordingly, Panchnama was also recorded and prepared. The said deceased Hemraj was the only son of the appellants and was a student of R. S. Bidkar College, Hinganghat, studying in Part-I of the B. Com. Course. The appellants are belonging to Schedule Tribe. The appellants contended that Hemraj was the only earning member of their family and was providing them near about Rs. 225/- per month. The said hemraj could have earn salary of more than Rs. 1,500/- per month and considering his age he would have lived atleast 70 years, therefore, the applicants had claimed Rs. 3 Lacs towards the total compensation.

(3.) THE Railway Authorities/respondent, however, by its written statement exh. 9 resister the said claim, but, not led any evidence in support of their defence. The appellants had led evidence in support of their claims.