UNION OF INDIA Vs. NARENDRA KUMAR GUPTA

JUDGEMENT

(1.) Heard Sri Chandra Shekhar Sinha, learned counsel for the appellant, Sri Manish Kumar Srivastava, learned counsel for the respondents and perused the record.

(2.) Present appeal has been filed by Union of India through the General Manager, Northern Railway, Baroda House, New Delhi under Section 23 of the Railway Claims Tribunal Act, 1987 against the judgment and award dated 4.5.2011 passed by the Railway Claims Tribunal, Lucknow Bench , Lucknow in Case No. OA 0400416 awarding Rs. 4 Lacs alongwith interest @ 6% per annum from 26.5.2004 from the date when the delay in filing the appeal was condoned till the date of award, thereafter interest @ 9% till the date of actual payment as compensation for the death of Radha Krishna Gupta, the father of the respondent no.1.

(3.) Facts, in brief , of the facts are that one Sri Radha Krishna Gupta (deceased), after purchasing a valid ticket, was traveling from Rai-bareilly to Dehradun by train No. 4265 UP Janta Express in class II on 28.5.2000. Incidentally, he fell down due to jerk from upper birth and sustained head injury and died.