Ranjeet Singh th. LRs. vs. UOI th. Western Central Railway Jabalpur

Railways Act, 1989–Sec. 125(1)(a)–Railway Claims Tribunal (Procedure) Rules, 1989–Rule 26–There is no specific provision as to what will happen when the dependent of a victim of an accident expires during the pendency of the claim petition–There is no provision of abatement or extinction of the claim of a dependent on his/her death–Under the general law, a legal heir claiming under a dependent is entitled to continue the claim as a legal representative–As per the provisions of Rule 26, the legal heirs can get impleaded and substituted to continue the claim and there can be no justification for the theory that the claim ends or dies with the dependent/claimant–Tribunal was not justified in rejecting the claim petition as not maintainable on the occasion of the subsequent death of minor-claimant after filing the claim petition–Legal representatives of deceased ought to have allowed being substituted.