UNION OF INDIA Vs. A JANARDHANAN

JUDGEMENT

(1.) Aggrieved against the award of the Railway Claims Tribunal, Madras Branch in OAII/22/93 dated 30-6-1995, Southern Railway represented by its General Manager, Chennai-3 has filed the present appeal under Section 23 of the Railway Claims Tribunal Act, 1987 before this Court.

(2.) The respondents herein applicants 1 and 2 before the Railway Claims Tribunal have made a claim for Rs. 2 lakhs as compensation alleging that their son J. Sunil died in the railway accident which occurred on 1-6-1993 at 11.50 p.m. in Train No. 6635 Kurla Express at Samalpatti in Dharmapuri District. Apart from the above said amount of Rs. 2 lakhs the applicants have also claimed a sum of Rs. 1,200/- for the loss of one brief case and further cash of Rs. 700/-. The said application was resisted by the Railway contending that as per the death list of passengers prepared during the accident and submitted by the Chief Medical Superintendent, Palghat, Southern Railway, the name of J. Sunil, son of the applicants was not found. However, they admitted that four dead bodies were remained unidentified as per the said list.

(3.) The Railway Claims Tribunal after considering the case of both parties came to the conclusion that J. Sunil son of the applicants died in the train accident which occurred on 1-6-1993 at 11.50 p.m. at Samalpatti in Dharmapuri District, accordingly passed an award for Rs. 2 lakhs as compensation to the applicants with interest on the said amount at the rate of 12 per cent. per annum from the date of application till the date of recovery with costs.