UNION OF INDIA Vs. NANDA

JUDGEMENT

(1.) IN an accident that took place on 18-4-1989 at 14-20 hours between Lalithpur and Dailwara Station the claimant's daughter aged about 7 years died and a claim petition was made before the Railway Claims Tribunal invoking Section 82-A of the Railways Act. After considering the respective contentions of the parties the Tribunal awarded Rs. 1,00,000/- to the claimant. Aggrieved by the said order the Union of India has filed this appeal.

(2.) ). The main contention of Mr. Sanjay Gowda, learned counsel for the appellant is that the application before the Tribunal is not maintainable as the applicant is not a dependant of the deceased daughter. He invited my attention to Section 82-C of the Act which states inter alia that an application for compensation under Section 82-A arising out of an accident of the nature specified therein by the person who has sustained the injury or where death has resulted from the accident can be maintained before the Tribunal by any of the dependant of the deceased. The proviso to Section 82-C declares that in the said section the word 'dependant' has the same meaning as assigned to it in Clause (d) of Section 2 of the Workmen's Compensation Act, 1923 (Act 8 of 1923 ). Section 82-C of the Act is as follows:

(3.) ACCORDING to the appellant since the mother can not be classified as a dependent of the deceased minor the application for compensation before the Claims Tribunal at the instance of the mother is not maintainable. I am afraid that this contention cannot be accepted for the following reason. Section 82-A reads thus: