UNION OF INDIA Vs. MANJAMMA

JUDGEMENT

(1.) Though the matter is listed for admission, with the consent of learned counsel for both the parties, it is taken up for disposal.

(2.) The appellant has preferred this appeal against the judgment and award passed by the Railway Claims Tribunal, Bengaluru Bench, Bengaluru in O.A. II U SBC/2008/150 dated 29.10.2010, wherein the Railway Claims Tribunal had awarded a compensation of Rs.4,00,000.00 (Rupees Four Lakhs Only) with interest @6% p.a., from the date of application till the date of order and thereafter at 9% p.a., from the date of order till actual payment. The same is challenged by urging various grounds.

(3.) The factual matrix of the appeal is as under: The claimants/applicants filed the petition under Sec. 16 of the Railway Claims Tribunal Act read with Sec. 124-A of Railways Act for the death of one Sri. L. Eswarappa alleged to have died in an untoward incident on 12.03.2008. It is stated in the claim petition that on 12.03.2008, the deceased L. Eswarappa along with one person namely Shanmukappa and applicant No.1-Smt. Manjamma came to Davanagere Railway Station to go to Chikkajajur with vegetable bags and after the deceased boarded the train, applicant No.1-Smt. Manjamma went back home. There was a heavy rush in the compartment of the train, hence the deceased kept vegetable bags near the door of the compartment. When the train was moving in between Davanagere and Tholahunse Railway Station - KM No.323/700-800 nearby Davanagere Railway Station and A.P.M.C. market in Davanagere city and while the deceased was keeping the vegetable bags, due to slip of handle grip near the door, the deceased fell down from the said compartment and sustained head injuries as well as his right hand got separated from the body and consequently died on the spot. The applicants attributing the aforesaid incident as untoward incident filed the claim petition seeking compensation from the respondent/railway authorities.