NIRMALA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) - By filing this appeal, the appellants have challenged the order dated 30. 4. 2001, passed by Railway Claims tribunal, Chandigarh Bench, Chandigarh, whereby the claim petition filed for the grant of compensation on account of the death of Bijender Singh in an untoward incident, alleged to have occurred on 29. 2. 1996, has been rejected.

(2.) IN brief the facts of the case are that on 29. 2. 1996, while he was on duty at the railway station being member of the Railway Protection Force, at Ambala met with an accident at the railway track and was cut into pieces by the goods train and died at the spot. The applicants are the widow and minor sons of the deceased.

(3.) UPON notice the claim petition was contested by the respondents alleging that the accident in question did not fall within the ambit of section 123 (c) of Railways act (hereinafter to be referred to as 'the act'), because the deceased was run over at the Railway Station, Ambala Cantonment, Ambala by a goods train and as such the claim petition was not maintainable. Further it is alleged that the claim petition was barred by time and was liable to be dismissed on this ground alone.