JARNAIL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) On 11.8.1999 Gulzar Singh,aged 65 years, was in the process of entering the railway bogie when all of a sudden, the train started moving without blowing any whistle by its driver or guard. As a result, Gulzar Singh fell down and sustained injuries. He died subsequently. Thereafter, the petitioners being the sons of Gulzar Singh filed the claim petition before the Railway Claims Tribunal, Chandigarh Bench, Chandigarh.

(2.) The case was contested by the respondents but the learned Railway Claims Tribunal vide the award dated 30.03.2001 up-held the version of the petitioners and awarded them compensation to the tune of Rs.50,000/- only against the claim of Rs.four lacs made by the petitioners. Hence, the present writ petition.

(3.) The submission of learned counsel for the petitioners was that under Section 124 of the Railways Act, the Railway Claims Tribunal was bound to award Rs.four lacs as compensation to the petitioners. It was also submitted that the learned Claims Tribunal has wrongly applied the provisions of Motor Vehicles Act, whereas it was bound to award Rs.four lacs. Reliance was placed on the un-reported judgment of Hon'ble Supreme Court reported as Sabitri Sahoo Versus Union of India, Civil Appeal No.3753 of 2003 decided on 25.4.2003. Reliance was also placed on the un-reported judgment of this Court reported as Pashi Lal alias Subhash Chand etc. Versus Union of India and others, FAO No.4570 of 2002 decided by this Court on 14.3.2005.