SARASWATI GOSWAMI AND OTHERS Vs. GENERAL MANAGER, N.F. RAILWAY

JUDGEMENT

(1.) THIS appeal is under the Letters Patent and is from a judgment and decree passed by a learned single Judge of this Court (Reported in, AIR 1972 Gauhati 97). It arises out of a claim petition made by the mother of one Mahendra Goswami, alleged to have been the victim of a Railway accident that took place at the Diphu Railway Station on the 23rd April, 1966.

(2.) THE Claims Commissioner on consideration of a number of points raised by the parties rejected the application. Two of the grounds on which the application for compensation was rejected were (1) that the application was barred by limitation; and (sic) that the death of Mahendra Goswami has not been proved. The learned Single Judge affirmed the order.

(3.) MR . S.K. Senapati, the learned counsel for the appellant submits that on an earlier occasion one application claiming compensation was made by one T.P. Bhattacharjee, then a local M.L.A. of Silchar from which place Mahendra Goswami hailed. The claim petition alleged to have been filed by T.P. Bhattacharjee has pot been proved in the case. That apart, under Section 82 -C , an application for compensation under Section 82 -A arising out of any accident of the nature specified therein may he made.