Allahabad Court February 1990 Judgments
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Raja Pathak Vs. Union of India (Uoi) and anr.
Court: Allahabad
Decided on: Feb-02-1990
Reported in: 1991ACJ112
N.N. Mithal, J.1. The appellant in this appeal brought under Section 82-F of the Indian Railways Act, 1890, was an injured passenger. He has claimed enhancement of compensation to Rs. 3,20,829.80 in respect of the injuries sustained by him. The Claims Commissioner has awarded him only Rs. 8,000/- by way of compensation. Aggrieved by the award, the present appeal has been lodged.2. There was an accident of 163 Up Sangam Express with 452 Down Goods Train on 30.10.1980 between Jhinjhak and Ambiapur stations of the Northern Railway. The appellant had boarded this train from Allahabad where he had come in connection with a court case. The fact that he was a bona fide passenger is not disputed. On account of the accident, the appellant suffered injuries which are admittedly two in number, i.e., fracture of patella and disfigurement of fragments in the right hand. It is alleged that he was admitted in the L.L.R.M. Hospital, Kanpur on 31.10.1980 but he was discharged the same day. The appellan...
Raj Pathak Vs. Union of India (Uoi)and anr.
Court: Allahabad
Decided on: Feb-02-1990
Reported in: I(1990)ACC539
N.N. Mithal, J.1. The appellant in this appeal brought under Section 82-F of the Indian Railways Act, 1890, was an injured passenger. He has claimed enhancement of compensation to Rs. 3,20,829.80 in respect of the injuries sustained by him. The Claims Commissioner has awarded him only Rs. 8,000/- by way of compensation. Aggrieved by the award, the present appeal has been lodged.2. There was an accident of 163 UP Sangam Express with 452 Do wn Goods Train on 30-10-1980 between Jhinjhak and Ambiapui Stations of the Northern Railway. The appellant had boarded this train from Allahabad where he had come in connection with a Court case. The fact that he was a bonafide passenger is not disputed. On account of the accident, the appellant suffered injuries which are admittedly two in number i.e. fracture of petella and disfigurement of fragments in the right hand. It is alleged that he was admitted in the L.L.R.M. Hospital, Kanpur on 31 -10-1980 but he was discharged the same day. The appellant...
Union of India (Uoi) Vs. Shiv Mangal and anr.
Court: Allahabad
Decided on: Feb-01-1990
Reported in: [1991(61)FLR306]; (1991)IILLJ600All; (1990)1UPLBEC694
K.P. Singh, J.1. These second appeals raise common questions of law and facts, therefore, they are being dealt with by this common judgment. Aggreived by the orders of removal passed by the authority concerned, the plaintiff-respondents filed suits for declaration that the order of removal was void, illegal and inoperatiavc and that the plaintiffs continue in service and are entitled to all the benefits attached to the post including their full pay and allowances etc.2. The claim of the plaintiffs was resisted by the defendant-appellant on various grounds as is evident from the issues framed in the suit.3. Both the courts below gave judgments for the plaintiffs. Aggrieved by the judgments of the courts below the defendant-appellant has preferred the above noted appeals.4. The learned counsel for the appellant has contended before me that the rulings relied upon by the courts below have been overruled by the highest Court in the country, therefore, the impugned judgments should be set a...
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