MAHABOOB BEE Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal by the claimant in O. A. No. 51 of 1996 on the file of railway Claims Tribunal, Bangalore Bench, is directed against the judgment dated 24-11-1998 wherein on a claim petition filed by the claimant-appellant herein claiming compensation towards the death of the husband of the petitioner-claimant (Rasool) while he was travelling by train No. 1063 DN on 12-6-1996 averring that he fell down due to sudden jerk and succumbed to the injuries and died and applicant is also having six children and mother-in-law (the mother) of the deceased. The tribunal after enquiry held that claimant Rasool was travelling by train No. 1063 DN on 12-6-1996 and he sustained injury and succumbed to the injuries and died and wherefore, the applicant was entitled to compensation and as per the Schedule prevalent on the date of accident awarded compensation of Rs. 2,00,000/- and apportioned the compensation between the claimant and the children.

(2.) BEING aggrieved by the said order, the claimant has preferred this appeal for enhancement.

(3.) THE finding of the Claims Tribunal that Gulam Rasool was travelling by Train No. 1063 DN on 12-6-1996 and he fell down from the train and succumbed to the injuries and died and the claimants are entitled to compensation from respondents have become final as the same has not been assailed by the respondents and this appeal by the claimant is for enhancement of compensation contending that in view of the amendment of the Schedule to the Railway Accidents (Compensation) Rules, 1990, wherein the compensation to be awarded has been enhanced from rs. 2,00,000/- to Rs. 4,00,000/-, the Tribunal ought to have awarded compensation of Rs. 4,00,000/ -.