CHAMAN LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against order of the Ad hoc Claims Commissioner, Northern Railway, Rohtak dated 5.12.1984 whereby an application for compensation filed under Section 82A of Indian Railways Act, 1890 (for short 'the Act') by the Appellant on account of death of Reshma Devi was dismissed.

(2.) In the accident dated 10.2.1984 between 38 Dn. Punjab Mail and 2 DR (Delhi-Rohtak Passenger Shuttle) at Bahadurgarh Station of the Northern Railway, Reshma Devi, her newly married daughter-in-law and another son died. A sum of Rs. 2000/- as ex gratia grant was given to meet urgent expenditure for the last rites. An application for compensation on account of the death of Reshma Devi was filed by as many as eight persons each claiming Rs. 5 lacs as compensation and an interim relief of Rs. 50,000/- to each of them. The Union of India, did not dispute the accident, death of Reshma Devi, payment of ex gratia amount of Rs. 2000/- but it was denied that she was contributing to the family fund or the claimants were in any way dependent either wholly or partly on the income of the deceased. It was also denied that she was a bonafide passenger.

(3.) In view of variation of stand of the parties, following issues were settled for trial: