SUNAINA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mrs. Niki Sinha, learned counsel appearing on behalf of the petitioner, Mr. Mahesh Tiwari, learned counsel appearing on behalf of the respondent-railway.

(2.) The petitioner has preferred this writ petition for a direction upon the respondents to pay compensation of Rs.4,00,000/- to the petitioner whose husband died due to a train accident in an unmanned level crossing.

(3.) Mrs. Niki Sinha, learned counsel appearing on behalf of the petitioner submits that the husband of the petitioner namely Brijnandan Das died on 19.01.2011 while he was going along with his buffalo for grazing, crossing the unmanned Railway Crossing at Sharma Basti Railway Crossing a train coming towards the crossing in high speed without appropriate singles run over the deceased resulting in his death. She further submits that the petitioner made a fardbyan on 19.01.2011 before the Railway Police Station, Tatanagar the said police station converted the fardbyan as U.D. Case No.07 of 2011 on 25.05.2011. She further submits that the petitioner has already filed a representation before the authority concerned but no decision has been taken as yet. She further submits that in view of the judgment rendered by the Hon'ble Orissa High Court in the case of Laxmi Priya Sahoo and Anr. Vrs. Divisional Railway Manager, East Coast Railway and Anr. reported in (2013) 3 T.A.C. 352 (Ori.) the claim of the petitioner is tenable under Article 226 of the Constitution of India that's why the writ petition has been filed.