LAWS(JHAR)-2020-6-60

SUMITRA DEVI Vs. UNION OF INDIA

Decided On June 01, 2020
SUMITRA DEVI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The appellant has preferred this appeal against dismissal of her claim application vide Case No. TAU/RNC/2014/0001 on 29.07.2016 on the ground that the learned Tribunal has considered that the deceased was not a victim of the untoward incident.

(2.) Learned counsel for the appellant, Mr. Vijay Shanker Jha, has submitted that in view of the judgment passed by the Hon'ble Apex Court in the case of Union of India Vs. Prabhakaran Vijaya Kumar , 2008 9 SCC 527 = AIR 2008 2 TSC 777 SC, the deceased, Manoj Kumar Modi was a bonafide passenger and having original ticket bearing no. F-32004054, Ex-Dhanbad to Chandrapura and lost his life in an untoward incident.

(3.) Learned counsel for the appellant has thus submitted that claimant is the victim, who lost her son on 01.06.2001 and learned Tribunal has wrongly dismissed the claim application contrary to the judgment passed by Hon'ble Apex Court on this issue and thus claimant has suffered for more than 20 years.