UNION OF INDIA Vs. RAMAWATI

JUDGEMENT

(1.) Heard Sri Anil Srivastava, learned counsel for the appellant and Sri R. P. Singh, learned counsel for the respondents. Through the instant first appeal from order, the appellant challenges the judgment and award dated 18.5.1999 passed by the Railway Claims Tribunal, Lucknow Bench, Lucknow, who awarded the compensation to the respondents to the tune of Rs. 2,00,000.

(2.) From the record, it reflects that on 13.6.1996, one Lal Deo Shah, the husband of opposite party No. 1 boarded Magadh Express, which was going from Chhapra to New Delhi. It is said that at Govindpuri Station, P.S. CNB Chowki, the deceased fell down, as a consequence whereof he suffered serious injuries to which he succumbed subsequently. It has come on record that the police conducted Panchnama and a ticket from Chhapra to New Delhi was found in his possession. Smt. Ramawati, w/o late Lal Deo Shah filed a claim petition for compensation on account of death of her husband, in an untoward incident, before the Railway Claims Tribunal, Lucknow Bench, Lucknow. The Tribunal, after considering the pleadings and the material on record, found that the deceased was travelling as a bona fide passenger with a valid ticket from Chhapra to New Delhi, which has also been admitted by the appellant. While deciding the issue No. (i), i.e., whether the claim in question is covered under Section 124A of the Railway Act, 1989, the Tribunal while answering against the appellant, held that the deceased suffered injuries in an untoward incident and thereby died later-on on account of aforesaid injuries.

(3.) In view of the respective stands of the parties, the Tribunal framed the issue, whether the applicants were able to prove that the death of Lal Deo Shah was due to an "untoward incident" as defined under Section 123 of the Railways Act. On a consideration of the materials brought before it, the Tribunal found and held that the claimants had proved that the death of Lal Deo Shah was due to an "untoward incident" as defined under Section 123 of the Act. The Tribunal, then, proceeded to consider the amount of compensation to which the applicants were entitled and found and held that under the Railway Accident (Compensation) Rules, 1990 (as it stood at the time of the accident), the maximum compensation in case of death was Rs. 2,00,000.00 (rupees two lakhs only). The applicants were, therefore, entitled to the aforesaid amount only and nothing in excess of it, as claimed by them. It, accordingly, passed its order. The Tribunal granted 90 days' time to the appellants herein to comply with the order for payment of compensation amount, failing which it was directed that the respondents would be entitled to 12% interest per annum on the awarded amount from the date of default.