LAWS(P&H)-2016-1-291

PAVITA DEVI Vs. UNION OF INDIA

Decided On January 07, 2016
Pavita Devi Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Prayer in the present petition filed by the legal representatives of deceased Manjit Singh, is for award of compensation on account of his death in an accident at a manned railway crossing.

(2.) Learned counsel for the petitioners submitted that the husband of petitioner No.1 and father of petitioners No.2 and 3, minor sons, was running a shop of photographer in village Bumbchak. He was earning more than Rs. 20,000/- per month. The petitioners were wholly dependant on him.

(3.) On 9.12.2012 at about 6-7 P.M., deceased-Manjit Singh along with Harjinder Singh, Navjot Singh, Talwinder Singh and Amrik Singh were travelling in car bearing No. PB-08-W-1789. They were coming back from Hoshiarpur after completing a professional assignment. The car was being driven by deceased-Manjit Singh. When he turned from link road to his village Jhingara Kalan from GT road, the gate of railway crossing No.A-82 was open and there was no signal of any coming train. When the car was just on the railway line, a passenger train No.54621 UP suddenly came on the track without sounding any whistle/horn and struck against the car, as a result of which, the deceased suffered multiple injuries and died on the spot.