D B AVALAKKI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order 13-10-1998 passed in T. A. No. 4/97 on the file of Railways Claims Tribunal, Bangalore Bench, awarding compensation of Rs. 1,00,000/- in favour of the parents of one Prafulla, who had died in a Railway Accident which took place on 16-10-1988. The appellants have approached this Court for enhancement of compensation.

(2.) ). The Tribunal, on the basis of the material placed before it, has found that the deceased, who was travelling from Belgaum to Mysore by Kuttur Express, had died because of derailment of the said train on 16-11-1988. Accordingly, the Tribunal has awarded Rs. 1,00,000/- as compensation but without ordering for payment of any interest. The amount has been quantified as per the provisions contained in Section 82-A of the Indian Railways Act, 1890 (in short the 'old Act') and the Rules framed thereunder.

(3.) ACCORDING to the appellants, the Tribunal has erred in awarding only Rs. 1,00,000/- as compensation since during the pendency of the proceedings before it, the amount of compensation to be awarded in case of death has been raised to Rs. 4,00,000/- in view of the amendment to the Rules and therefore this Court should modify the impugned order to the said extent. The appellants also pray for granting of interest from the date of filing of claim petition till realisation of the amount so awarded.