GEETA Vs. UNION OF INDIA

JUDGEMENT

(1.) By this single judgment, I shall dispose of two abovementioned connected appeals i.e. FAO-533-2008 and FAO-534-2008, arising out of the same incident.

(2.) On 29.1.2003, Geeta accompanied by her husband Virender and minor son Akash, aged about 2 years, travelled in Himachal Express from Chandosi to Sonepat against valid tickets No. 04093 and 04094. When the journey terminated at Sonepat railway station at platform No. 2 on 30.1.2003, at about 12:15 midnight, according to the appellant Geeta, there was heavy rush. The deceased Virender alongwith his minor son Akash alighted from the train towards platform No. 1 side. In the meanwhile, the train started immediately without blowing any whistle, as a result of which Virender and his minor son Akash fell down on the adjoining railway line. It comes out that DUK pilot engine, which was to run through Sonepat railway station, came on the adjoining track and hit Virender and his minor son Akash. As a result of the accident, both of them died.

(3.) In the written statement, the respondents have taken the stand that both of them died due to their own act of negligence. It was denied that the deceased fell down from the train.