UNION OF INDIA Vs. REENA

JUDGEMENT

(1.) These are two appeals filed by the Union of India, through General Manager, Central Railway, Mumbai, impugning the decision dtd. 1/9/2021 awarding compensation of Rs.8,00,000.00 in Claim Petition No.OA IIu/168/2019 (First Appeal No.113/2022) to the respondent-Reena Kharwade along with interest at the rate of 9% per annum from the date of the incident i.e. 5/1/2019 till realization for injury of having lost her both legs and also compensation of Rs.8,00,000.00 in Claim Petition No.OA IIu/169/2019 (First Appeal No.114/2022) to the respondents along with interest at the rate of 9% per annum as dependants of the deceased mother of Reena Kharwade.

(2.) The factual background is that Reena Kharwade, the sole respondent in First Appeal No.113/2022, who was about to be married, being desirous of travelling from Nagpur to Pandhurna alongwith her mother for making marriage purchases, both holding valid railway tickets, boarded GT Express Train going towards Chennai instead of a train going towards Hazrat Nijamuddin, Delhi. Admittedly, the daughter and the mother boarded a wrong train going in the opposite direction. When it was realized that they had boarded a wrong train, and when the train slowed down near Ajni Railway Station, which is though not a scheduled stop for GT Express, both the mother and the daughter while attempting to deboard the moving train, slipped and fell down, as a result of which, the mother sustained injuries to which she succumbed and died and the respondent-daughter was grievously injured in both her legs resulting in double amputation. Thereafter, the two claim petitions referred to above were preferred before the Railway Claims Tribunal, Nagpur (the "Tribunal") under Sec. 16 of the Railways Claims Tribunal Act, 1987 read with Sec. 125 of the Railways Act, 1989 (the "Railways Act") for compensation together with interest. Claim Petition No.OA IIu/168/2019 was preferred by the daughter for claiming compensation for the injury of double amputation suffered by her and the other was a claim by the dependants including the daughter being Claim Petition No.OA IIu/169/2019.

(3.) The Tribunal allowed the claim petitions filed by the respondents. Aggrieved by the same, the Railways are in appeal by filing these two appeals being First Appeal Nos.113/2022 and 114/2022.