UNION OF INDIA Vs. YALLU BAI

JUDGEMENT

(1.) The Union of India represented by the General Manager, South Western Railway, Hubli, is before this Court calling in question the order dated 19.12.2011 passed by the Railways Claims Tribunal, Bangalore Bench. The respondents had approached the Tribunal by filing an application in O.A.No.II U 119/2009 claiming compensation for the death of Peeraji S/o Monappa Birje, who is alleged to have accidentally fallen down from a running train.

(2.) The Union of India filed its objections to the application, denying the allegations made by the applicants. It was specifically stated in the objections that the said Peeraji was not a passenger in Train No.1097 (Pune Ernakulam Express) and that the deceased had committed suicide by falling on the tracks. Subsequently, it appears that the applicants made an application under Order VI Rule 17 of the Code of Civil Procedure read with Section 18 (3) (i) of Railway Claims Tribunal Act, 1987. By making the application, the applicants sought to amend the Train number and the time schedule of the train that was mentioned in the application. The respondents-Railways therein filed their objections to the application specifically contending that the amendment is an afterthought seeking to overcome the defence raised by the respondents therein, especially since it was contended that Train No.1097 never undertook the journey on the line mentioned on that particular day. It was also specifically contended that if the amendment is allowed, it would take away the admissions made by the applicants, which was not permissible under law.

(3.) By order dated 19.12.2011, the Tribunal allowed the application by a cryptic order which is extracted hereunder: