UNION OF INDIA Vs. SOURI SAHU

JUDGEMENT

(1.) This appeal by the Railways against the judgment and award dated 15.4.1991 of the learned Sub-Judge, Kuchinda decreeing the plaintiffs' suit for compensation arising out of a railway accident.

(2.) One Jyotirmayee Sahu, while travelling from Kesinga to Bamra in the 90 Down Bokaro-Madras met with an accident because of sudden movement of the train without any signal. The same amounted to utter negligence of the driver and railway staff of the train. The claimants, that is the father, mother, brothers and sisters claimed compensation of Rs. 2,00,000 for her death.

(3.) Railways remained ex pane on 2.4.1991 when the suit was fixed for hearing and on that date judgment was passed decreeing plaintiffs' suit for Rs. 2,00,000 and cost. Railways filed petition under Order IX, rule 13, Civil Procedure Code to set aside ex parte decree which was rejected by the court and judgment and decree was passed on merit.