SHAKUNTALA AND ORS. Vs. UOI AND ORS.

JUDGEMENT

(1.) Petitioners are heirs of Dhian Singh who was working as ASI with Government Railway Police, Haryana and died while being hit by electric train while inspecting the case of dead body lying on the track between Kalanaur-Jagadhri upline on KM No. 206/23-25. The petitioners seek issuance of a writ in the nature of mandamus directing the respondents for providing compensation on account of death of Dhian Singh in railway accident while on duty on March 2, 2010.

(2.) The petitioners have claimed that an information had been received in the Police Station GRP, Jagadhri that a dead body was lying on the track between Kalanaur-Jagadhri upline. Dhian Singh, Assistant Sub Inspector was deputed to go for inspection and to conduct the proceedings as per law. He had, along with other police officials, namely, EASI Shish Pal, and EASI Om Parkash had reached the spot of accident and started conducting the proceedings. Meanwhile, Shalimar Express came from Saharanpur side and Dhian Singh came to the other track but immediately another electric train came from the other side and he was struck in between. The place of accident was a turn and both the sides are not visible and thus it was mandatory for every train coming at this place to blow horn. But the electric train did not do so as such Dhian Singh was hit by the electric train and he suffered grievous and fatal injuries and died on the spot. Petitioners claimed that he was the only bread earner of the family and on account of untimely death, the petitioners have suffered a lot. Despite the petitioners having been promised compensation for the loss due to the negligence of the railway department in death of Dhian Singh while performing his duties but despite number of representations nothing was paid. A legal notice was sent on Oct. 13, 2010, annexure P-1 but to no avail.

(3.) The respondents admit their negligence and vide order dated Dec. 21, 2010, directed the petitioners to approach the Railway Claims Tribunal under the Railways Act for compensation on account of death of Dhian Singh. Copy of the said letter has been placed on record as annexure P-2. The petitioners misguided by the reply of the respondents filed claim petition on Feb. 21, 2011 before Railway Claims Tribunal vide application under Sec. 16 of the Railway Claims Tribunal Act, 1987 read with Rules 3 and 4 of the Railway Accidents and Untoward Accidents (Compensation) Rules, 1990, for grant of compensation on account of death of said Dhian Singh. The Tribunal vide order dated Feb. 3, 2012 held that Tribunal had no jurisdiction as such the petitioners had no alternative but to withdraw the petition and approach this Court for compensation. Copy of the order passed by the Tribunal has been appended with the petition as annexure P-4.