UNION OF INDIA Vs. GAYATRI SRIVASTAVA

JUDGEMENT

(1.) This appeal under section 23 of the Railway Claims Tribunal Act, 1987, has been preferred against the judgment and order dated 17.1.2002 of the Claims Tribunal by which the claim petition filed by respondent Nos. 1 to 6 was allowed and respondent No. 1 was awarded Rs. 1,50,000 and respondent Nos. 2 to 6 were awarded Rs. 50,000 each as compensation on account of death of Ramesh Chandra Srivastava in a train accident.

(2.) The claimant-respondent No. 1 is the widow and respondent Nos. 2 to 6 are the minor children of Ramesh Chandra Srivastava who was working as fitter grade I in North-Eastern Railway and was posted at Ballia Railway Station. On 7.2.1994 he was going from Gorakhpur to Ballia and at 21.10 hours while alighting from 511-Up train at Indara Railway Station, he slipped and fell down from the train. His leg was amputated as the train ran over him. The station staff rescued him and sent him to Mau Railway Station for treatment but when he reached the hospital he was declared dead. The claimants-respondents preferred a claim petition which has been allowed by the impugned order.

(3.) Mr. Lalji Sinha, the learned counsel for the appellants, has submitted that the deceased, Ramesh Chandra Srivastava, committed suicide and, therefore, his dependants cannot claim compensation. He has also submitted that Ramesh Chandra Srivastava died on 7.2.1994, which is prior to the enforcement of the amendment of the Railways Act by the Railways (Amendment) Act, 1994 (Act No. 28 of 1994), which came into force on 28.4.1994 and, therefore, the claimants wefe not entitled to any compensation.