KRISHNAKUMAR G Vs. UNION OF INDIA

JUDGEMENT

(1.) (i) Is the right under S.124A of the Rai1ways Act one that is persona1 to the one on whom the right vests and consequent1y not heritab1e

(2.) A brief reference to facts may be necessary to ascertain the precise dispute. Sreekumar - the victim, a bachelor succumbed to injury suffered by him in an untoward accident on 27.6.2008. He left behind as his kin, his father, mother and one brother. His father as one of the dependents claimed amounts under Section 124A of the Raillways Act before the Railway Claims Tribunal. The cllaim was allowed vide order dated 24-2-20ll0. Prior to that, the mother of Sreekumar, the only other dependent, had expired on 614:2009.

(3.) The claimant, father of Sreekumar also expired on 9.4.2010. The amount due under the order dated 24.2.2010 had not been paid to the deceased claimant prior to his death. In these circumstances, the appellant herein, the only legal heir of his deceased father, (admittedly he is not a dependent of the victim Sreekumar) wanted th& award to be executed in his favour. He therefore filed application before the Railway Claims Tribunal claiming execution of the order and release of the amounts to him.