ASHIM KUMAR BANERJEE,J. - (1.) This appeal was filed by the Union of India through General Manager, Eastern Railway as against the judgment and award passed by the Tribunal on May 16, 2008. The principal contention of the Railway/appellant is that the Tribunal did not have jurisdiction to entertain the claim as against the Railway in view of the provisions of Sections 123 and 124A of the Railways Act.
(2.) We have heard Mr. Bidyut Kumar Roy, learned Counsel appearing for the Railways and Mr. Krishanu Banik, learned Counsel appearing for the respondents.
(3.) On perusal of the judgment and award we find that the victim died, when a bus collided with the train at an unmanned level crossing. The Tribunal held that the victim succumbed to injury in the accident, being a bonafide passenger in the said bus and awarded a sum of Rs. 2 lakhs as compensation to be equally shared by the Insurance Company being United India Insurance Company Ltd. and the Railway authority.;