CWP No.193 of 2010 --1-- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 193 of 2010 Date of decision : 8.4.2010 Parveen Akhtar and others ...Petitioners Versus Union of India and others ...Respondents CORAM : HON'BLE MR.JUSTICE AJAY KUMAR MITTAL **** Present: Mr. Mohd. Yousaf, Advocate, for the petitioners. Mr. Jagdish Marwaha, Advocate, for respondent Nos.1 to 3. **** AJAY KUMAR MITTAL, J. (ORAL) The petitioners have approached this Court seeking a writ in the nature of mandamus directing the official respondents to pay compensation to the tune of Rs.10,00,000/- on account of death of Mohd. Khalil, husband of petitioner No.1 and father of petitioner Nos.2 and 3, who had died in a railway accident which took place between a passenger train No.6LJH and a Canter No.PB-11-D-2637 at railway gate No.42-C between Malerkotla and Kup Kalan. It has been pleaded that Mohd. Khalil, who was 42 years of age at the time of his death, died on 10.12.1998 due to the negligence of respondent No.4, Balwinder Singh (Gateman), as he did not close the gate of Railway Crossing No.42-C at Madhevi Road, Malerkotla, CWP No.193 of 2010 --2-- which resulted into unfortunate accident between a train and the Canter, wherein he was travelling. It has further been pleaded that Mohd. Khalil was earning more than Rs.15,000/- per month and the petitioners who were fully dependent upon the deceased, have no other source of income. The petitioners filed a claim petition against respondent No.2 before the Railway Claims Tribunal, Chandigarh, for grant of compensation, which came to be dismissed on 21.12.2005. The said decision was challenged by the petitioners vide FAO No.4378 of 2007 which was subsequently withdrawn by them with liberty to avail any other remedy to claim compensation on account of the death of Mohd. Khalil, in accordance with law. It is thereafter that the present petition has been filed. Notice of motion was issued and the reply has been filed by respondent Nos.1 to 3. Learned counsel for the petitioners has submitted that in the same railway accident, another occupant of the Canter in question, namely, Kewal Khan, had also expired and his children had approached this Court by way of CWP No.11338 of 2008. This Court, while disposing of that petition on 28.4.2009, had awarded a compensation of Rs.4,00,000/- to the petitioners therein. Learned counsel further states that the present case is fully covered by the aforesaid decision and has placed reliance on para 9 of the writ petition which reads as under:- “9. That the petitioner No.1 is a widow and petitioner No.2 and 3 are the children of the deceased. There is no source of income. Moreover the writ petition CWP No.193 of 2010 --3-- of the legal heirs of Kewal Khan deceased, who has died in the same accident has been allowed by this Hon'ble High Court vide order dated 28.4.2009. So the present petition is covered by the order dated 28.4.2009 passed in CWP No.11338 of 2008 and deserves to be allowed in the same terms.” Learned counsel for the respondent-railway authorities has not controverted the same in view of the reply given in para 9 of the written statement which reads as under:- “ That so far as the present case is concerned, it is respectfully submitted that in the same accident, the legal heirs of the deceased preferred the Writ Petition No.11338 of 2008 and the Hon'ble High Court has granted Rs.4.00 lacs as compensation vide Annexure P-2.” In view of the above, the present writ petition is allowed and the respondents are directed to pay compensation to the tune of Rs.4,00,000/- in total to the petitioners which shall be divided equally amongst them. The amount of compensation shall be paid to the petitioners within two months from the date of receipt of a certified copy of this order, failing which the petitioners shall be entitled to interest @ 7% per annum from the date of filing this writ petition till actual realization thereof. April 8, 2010 (AJAY KUMAR MITTAL) atulsethi JUDGE