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2025 DAILYLAW 38781 (ALL)

HEERA LAL v. UNION OF INDIA AND 2 OTHERS

WRIC/10349/2025 · 2025-09-17

Amitabh Kumar Rai, Saral Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 10349 of 2025 Court No. - 40 HON'BLE SARAL SRIVASTAVA, J. HON'BLE AMITABH KUMAR RAI, J. 1. Heard learned counsel for the petitioner and learned counsel for the respondents. 2. The petitioner by means of the present writ petition has prayed for the following reliefs:- "(I). Issue a writ, order or direction in the nature of mandamus commanding the respondents to pay Rs.25.00 Lakhs as compensation to the petitioner with interest at the rate of 18% per annum from the date of accident till the date of full and final payment on account of death of petitioner's minor son due to Railway accident. (II). Issue a writ, order or direction in the nature of ad interim mandamus commanding the respondents to pay interim damages/compensation to the petitioner. (III). Issue any other and further suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case. (IV). To award costs of the petition in favour of the petitioner." 3. The grievance of the petitioner is that the petitioner's minor son died in railway accident alleged to have been taken place on 02.11.2024 as he has been run over by Train No.09344. Accordingly, he has prayed for the aforesaid reliefs. 4. We are of the view that this writ petition is not maintainable as the petitioner has remedy of filing claim petition before the Railway Claims Versus Counsel for Petitioner(s) : Anil Kumar Singh Counsel for Respondent(s) : A.S.G.I., Saumitra Singh Heera Lal .....Petitioner(s) Union Of India And 2 Others .....Respondent(s) Tribunal inasmuch as the Railway Claims Tribunal has been conferred power to decide such cases for the reason that the question as to whether the two minor sons of the petitioner had died because of railway accident is a question of fact which can only be decided by the said Tribunal. 5. Accordingly, the writ petition is dismissed with the aforesaid liberty. September 18, 2025 SS WRIC No. 10349 of 2025 2 (Amitabh Kumar Rai,J.) (Saral Srivastava,J.) Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad