SHOBHA Vs. UNION OF INDIA

JUDGEMENT

(1.) THE first Appellant is the widow of an employee of the Central railways, Suresh Wankhede. Appellants 2 to 5 are her four sons. Appellants 6 and 7 are the parents of the deceased. Widowed at the age of 41, the first Appellant is 48 years of age today. The parents of the deceased are 71 and 68 years of age respectively.

(2.) THE husband of the first appellant, was working as a Ticket Train examiner. On 20th June, 1995 while he was on duty on the Gitanjali express, he fell out of a running train between the Malkhed and chandur Railway stations, and died. The fact that the death occurred while the employee was on duty, is not a disputed position as it cannot be. The record and proceedings of the case which has been called for and has been perused by me, inter alia, contains a letter of condolences addressed to the first appellant by the Divisional Railway manager, which expressly adverts to the circumstance that the death of the employee occurred while he was on duty. On 21st June, 1995, the widow was paid an ex gratia amount of Rs. 5,000/ -.

(3.) ON 1st February, 1996, the Central Railway authorities deposited an amount of Rs. 69,008/- with the Commissioner for Workmen's compensation in pursuance of the provisions of the Workmen's compensation Act, 1923. In paragraph 6 of the reply filed before the nagpur Bench of the Railway Claims Tribunal, the respondents have categorically averred that "compensation of Rs. 69,0087 was arranged by Senior DAO, Nagpur, vide Cheque No. D-310332 dated 1st february, 1996 and sent to Honourable Judge, Labour Court (Commissioner for WCA) Lalit Centre, Amravati". Now, it would be necessary to note that the deposit which was made by the Central railway was in compliance of the statutory obligation which is cast on the employer under the Workmen's Compensation Act, 1923 ("the act" ). The relevant provisions of the Act would be considered subsequently, but it would be necessary to emphasise at the present stage that at that stage there was no claim lodged by the appellants in response to which the deposit was made. The deposit was made suo motu by the railway authorities in compliance with their obligation under the statute. On 16th February, 1996, a notice was addressed by the Central Railway authorities to the widow of the deceased in regard to the deposit of the amount. On 10th September, 1996, the appellants filed an application under the provisions of the Indian railways Act, 1989 for compensation for the death of the deceased employee. According to the respondent, in the meantime, on 8th november, 1996, an order was passed by the Labour Court at amravati awarding an amount of Rs. 69,008/- to the legal heirs of the deceased employee.