WING COMM S SAWHNEY Vs. U O I

JUDGEMENT

(1.) THIS is an appeal filed by the appellant who are dependents of the deceased Sub-Lt. Samir Sawhney, a Naval Officer, posted at Cochin who died in an untoward accident as claimed by the appellants while travelling from train No. 2625 ( Kerala Express) from Cochin to New Delhi. According to the appellants the death has taken place because of the accidental fall from the train on 16.10.94. The deceased sustained head injuries leading to death. The appellant was a bona fide passenger inasmuch as there is no dispute that he was having a valid ticket.

(2.) THE case of the respondent in having denied the claim was that the deceased after getting down near Manikgarh station when the train stopped for signal to watch a crane, went upto Guard's brake and attempted to board the train when the train started and was standing on the footboard and excessively leaning outside and was hit by the signal post. In support of the aforesaid plea, they have relied upon the report of the Superintendent. However, admittedly, no evidence has been led by the respondent.

(3.) IN these circumstances, the appellants are entitled to compensation which in a case of death is fixed as per the schedule at ' 4,00,000/- along with interest w.e.f. 30 days of the death of the deceased along with interest which is fixed at 9% per annum from the date the compensation becomes payable.