UNION OF INDIA Vs. PANUBHAI DALPATBHAI PRAJAPATI

JUDGEMENT

(1.) This appeal is filed against the judgment dated 5.1.1999 passed by the Railway Claims Tribunal, Ahmedabad Bench in Claim Application No.0A9800059 whereby the Claim Application was allowed and the original respondent was ordered to pay Rs.4 lacs to the claimants within 60 days from the date of the order failing which 12% interest would accrue on the said amount from the date of the order.

(2.) The facts of the case were such that Shri Rakesh Banubhai Prajapati was travelling from Ankleshwar to Bharuch by 41 DN on 29.8.1998 on monthly season ticket No.001218 valid from 11.8.1998 to 10.9.1998 Ex Ankleshwar to Bharuch. Due to heavy rush and jerk, Rakesh fell accidentally from the running train at Kms.326/10-12 near Bharuch Railway Station, Platform No.1. He received serious injuries and died on the spot. The parents claimed Rs.4 lacs towards compensation as admissible for the death of their son.

(3.) The Railway Claims Tribunal, after considering the documentary evidence available on record, allowed the claim and passed the order as stated above against which this appeal is filed by the Union of India.