SANTHA Vs. SOUTHERN RAILWAY

JUDGEMENT

(1.) These two appeals are filed against the very same judgment dtd. 24/7/2014 of the Railway Claims Tribunal, Ernakulam Bench in O.A.(IIu)/ERS/2013/0023. M.F.A.31/2015 is the appeal filed by the petitioner in the OA while M.F.A.12/2015 has been preferred by a third party to the OA.

(2.) The above OA was filed by one Lalitha, claiming to be the wife of deceased Surendran, who died in an untoward incident on 6/12/2013 at Chengannur Railway station while boarding Kottayam-Kollam passenger train. The appellant in M.F.A.12/2015 is one Santha, the widowed sister of deceased Surendran. According to her, the deceased died unmarried and issue-less and as such, she being the widowed sister of the deceased, is entitled to get the compensation due from the Railway, being his dependent .

(3.) In the impugned judgment, the Railway Claims Tribunal awarded a compensation of Rs.4,00,000.00 along with interest at 6% per annum from the date of the application and directed the Railway to deposit the entire sum before the Tribunal. The order further directs the Registrar of the Tribunal to deposit the amount in fixed deposit in a public sector bank till the Tribunal decides entitlement and release on production of proper order from competent court by the applicant to the effect that she is the wife and sole survivor of the victim. Aggrieved by the above finding of the Tribunal, the claimant preferred M.F.A.31/2015.