WASIM SHAMSHULHAK SHAIKH Vs. UNION OF INDIA

JUDGEMENT

(1.) This First Appeal under Section 23 of the Railway Claims Tribunal Act, 1987 (for short, 'the Act, 1987'), is at the instance of the original claimant and is directed against the judgment and order dated 6th August 2015 passed by the Railway Claims Tribunal, Ahmedabad Bench at Ahmedabad, in Case No.OA/2012/0226.

(2.) The short point involved in this Appeal is, whether the appellant, being the elder brother of his deceased handicapped younger brother who died on account of an accident while travelling from Vapi to Lucknow on 31st August 2012 by Train No.19037 (Bandra Terminus - Gorakhpur Avadh Express), could be said to be dependent as defined under Section 123(b) of the Act, 1989 so as to make the claim application maintainable in law.

(3.) The claim application filed by the appellant herein came to be rejected by the Tribunal only on the short point that a major brother cannot be said to be dependent on his minor brother. Mr.Rathin Raval, the learned counsel appearing for the appellant, submitted that the term 'dependent' should not be restricted to only economic dependence but dependence of love, affection, care and protection of the deceased passenger as well. He would submit that the word 'dependent' in clause (ii) of Section 123(b) of the Act, 1989, should not be given restrictive meaning but contextual meaning keeping in view the objective of the statute so as to compensate the unfortunate death of a passenger in a railway accident. In support of his submission, reliance has been placed on a Division Bench decision of the Punjab and Haryana High Court in the case of Dhyan Singh and another v. Union of India and Others reported in, (2009) AIR(P & H) 56.