UNION OF INDIA Vs. ASHOK KUMAR

JUDGEMENT

(1.) By way of First Appeal under Section 23 of the Railway Claims Tribunal Act, 1987 challenge has been made to the impugned judgment dated 13 th September, 2011 passed by the Railway Claims Tribunal, Principal Bench, Delhi (hereinafter referred to as 'the Tribunal ) whereby compensation of Rs.4 lacs with interest @ 8% per annum has been granted to the respondents from the date of filing of the claim application till its realization.

(2.) The respondents i.e., parents of deceased Nitish Kumar had filed a claim petition before the Tribunal alleging therein that their son Nitish Kumar aged about 22 years, a labourer by profession, on 1 st September, 2010 was travelling by Train No.2367 UP Vikramshila Express with a valid 2 nd class journey ticket along with his uncle Masudan Prasad and was going upto Fatuha for official duty. There was heavy rush in the general compartment of the train, due to which deceased was compelled to stand near the door of the compartment. It is further alleged that due to jostling amongst passengers, deceased fell down from the running train near pole no.484/3 and succumbed to his injuries at the spot.

(3.) The co-passenger Masudan Prasad narrated the incident to the Railway Police at Barh Railway station. Police also investigated the matter. Respondents i.e., parents of the deceased filed a claim petition before the Tribunal claiming compensation of Rs.4 lacs with interest @ 12% per annum.