SANNO DEVI Vs. BALRAM

JUDGEMENT

(1.) This appeal is filed by the appellant for enhancement of compensation and challenging the order of the Claims Tribunal, whereby amount of compensation has been apportioned.

(2.) Preliminary objection has been raised by respondent No. 3 that this petition is not maintainable because accident has occurred on account of involvement of railway train and truck, therefore, Claims Tribunal has no jurisdiction to decide the dispute.

(3.) Facts of the case are as under: Suresh Chand Pande and Kailash Narayan were working as driver and cleaner in Balram Roadlines Transport Company. On 13.2.1993 Suresh Chand Pande was driving MP 015-DO 0698 from Lalitpur to Indore. Engine of Bina-Kota Passenger dashed against the vehicle on level crossing near village Shadhora on the Bina-Rutheyai section. Accident resulted into death of Suresh Chand Pande and Kailash Narayan suffered injuries. This petition is filed by widow of Suresh Chand Pande. It is specifically pleaded that when the vehicle was crossing railway crossing No. 47, railway train dashed against the said vehicle, which resulted into death of Suresh Chand Pande. Vehicle was dragged by the engine of train. It is clearly mentioned in the application that gate on the level crossing was not closed.