RAJAT GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) By way of the present appeal filed under Sec. 23 of the Railway Claims Tribunal Act, 1987, the Appellants/claimants have sought modification of order dtd. 16/9/2020 passed by the Railway Claims Tribunal, Principal Bench, Delhi in Case No. OA/(IIu)/DLI/53/2019. The Appellants have also sought direction to the Respondent to pay the compensation awarded alongwith interest @ 18% per annum from the date of filing of claim application till its realization.

(2.) Mr. Rajan Sood, learned counsel for the Appellants, submitted that Sh. Suresh Gupta died in an 'untoward incident' on 6/9/2018, when he fell at the railway station and sustained injuries, to which he succumbed on 22/10/2018. It was contended that while awarding compensation, the Tribunal erroneously held that in absence of post-mortem report, the death was not relatable to the injuries sustained by Sh. Suresh Gupta.

(3.) Per contra, Ms. Jatinder Kaur, learned Senior Panel Counsel for the Respondent, opposed the prayer for enhancement of compensation awarded by contending that there was a gap of more than one and half month between the date when injuries were sustained by deceased-Sh.Suresh Gupta and his death. She also submitted that the deceased was about 70 years of age.