LALITHA BAI Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is preferred by the appellant Lalitha Bai being aggrieved by the judgment and award passed by the Railway Claims Tribunal, Secunderabad, dated 17-6-1994 passed on O.A.A.No.48 of 1991. By that order, the Railway Claims Tribunal, Secunderabad dismissed the claim petition filed by the appellant on the ground that the appellant has not proved negligence on the part of the respondent Railway Department.

(2.) The learned counsel for the appellant strenuously contended that the impugned award of the Railway Claims Tribunal is illegal and contrary to the evidence on record. He further submitted that on the basis of evidence on record, it is dear that the appellant has proved that there was negligence on the part of the Railway Department, as the result, the appellant met with the accident. Therefore, the finding of the Railway Claims Tribunal mat the appellant has not proved the negligence on the part of the Railway Department isnot correct and the same is liable to be set aside. However, the learned counsel for the Railway Department has strongly supported the impugned award maintaining that there is neither any irregularity nor illegality in passing the award. He submitted that the Railway Claims Tribunal rightly dismissed the claim petition filed by the appellant on the ground that the appellant has not proved the negligence on the part of the Railway Department. Therefore, the impugned award does not call for interference by this Court.

(3.) In order to appreciate the rival contentions on both sides, it is necessary for me to note few facts of the case.