UNION OF INDIA Vs. OMPRAKASH

JUDGEMENT

(1.) This order shall also govern the disposal of M.A. No. 2479 of 2008, which is an appeal filed by the respondent Nos. 1 and 2 against the award dated 28.4.2008, passed by the Second M.A.C.T., Dewas, in Claim Case No. 113 of 2007, whereby claim petition filed by the respondent Nos. 1 and 2 was allowed and compensation of Rs. 1,52,000 was awarded holding that the appellants are liable, against which the present appeal has been filed.

(2.) The claim was contested by appellants on various grounds claiming that the accident occurred due to negligence on the part of the deceased, therefore, appellants shall not be liable for compensation. Thus, the claim petition filed by claimants is liable to be dismissed. After framing of the issues and recording of the evidence, the learned Tribunal allowed the claim petition filed by the respondent Nos. 1 and 2 and awarded compensation of Rs. 1,52,000, against which the present appeal has been filed.

(3.) Mr. Anand Pathak, learned counsel for the appellants, argued at length and submits that the impugned award passed against the appellants is illegal and is liable to be set aside. It is submitted that, in the instant appeal, the accident occurred due to negligently crossing unmanned level crossing, therefore, it was the duty of the deceased to travel cautiously. From the evidence which has come on record, it is proved that the accident occurred because of sudden mechanical fault in the bike which was driven by the deceased. It is submitted that due to failure of brake of the bike, the accident occurred and this fact is relevant from the statement of DW 1. It is submitted that since the deceased was negligent, therefore, he committed an offence punishable under section 161 of the Railways Act, 1989, which reads as under: