UNION OF INDIA Vs. PRAMEELA

JUDGEMENT

(1.) The respondent Union of India represented by the General Manager, Southern Railway, before the Railway Claims Tribunal, in OA No. OAU/ERS/ 2007/0046, is the appellant in this appeal.

(2.) Respondents herein were applicants before the Tribunal, claiming an amount of Rs. 4,00,000 with interest thereon as compensation under section 16 of the Railway Claims Tribunal Act, 1987, for the death of one Jayakumar, aged 47 years, in an untoward incident, which took place on 17.2.1994, at Kanhangad Railway Station. It was the contention of the respondents herein that deceased was travelling from Kollur to Ernakulam by Mangalore-Palghat Link Express on 17.2.1994 and when the train reached Kanhangad Railway Station, he fell down from the running train and died due to head injury on 18.2.1994 at Mangalore Wenlock Hospital.

(3.) The appellant herein denied their liability as also the 'untoward accident'. It was mainly contended that the claim for compensation based on an untoward accident was as a result of an amendment brought out to the Railways Act, by virtue of section 123 (c), as introduced by the Amendment Act w.e.f. 1.8.1994 and in this case, the date of the accident being on 17.2.1994, much prior to the amendment, the claimants are not entitled for any compensation. Incidentally, it was also contended that the applicants are not the only dependants of the deceased.