CHITRAPU CHINABAPANAIAH Vs. UNION OF INDIA

JUDGEMENT

(1.) This C.M.A. is filed against the order, dated 31-10-2002, of the Railway Claims Tribunal, Secunderabad, in LA. No.402 of 2002 in O.A.A. No.84 of 1998.

(2.) One China Veeramma died on 15-5-1998, on account of her accidental fall from Train No.7015. The appellants herein namely, the husband (since dead), son and daughter of late Veeramma, filed O.A.A. No.84 of 1998 before the Tribunal claiming compensation. The claim was contested by the respondent. After taking the rival contentions into account, the Tribunal passed an order dated 18-3-2002, holding that the respondent is under obligation to pay a sum of Rs.4 lakhs towards compensation, on account of the death of late China Veeramma. Out of Rs.4 lakhs, the 1st appellant was awarded a sum of Rs.2 lakhs, 2nd appellant was awarded a sum of Rs. 1.75 lakhs and the 3rd appellant, a sum of Rs.25,000.00. The amount had since been deposited by the respondent.

(3.) Before the amount could be withdrawn, the 1st appellant died. The Appellants 2 and 3 filed LA. No.402 of 2002 under Rule 44 of the Railway Claims Tribunal (Proceeding) Rules, 1989, for distribution of the amount of Rs.2 lakhs, payable to deceased-lst appellant, to them, in equal shares. Through the order under appeal the Tribunal took the view that Appellants 2 and 3 have to obtain a succession certificate from a Court of competent jurisdiction, and only that as and when such certificate is submitted, they would be paid the amount awarded to the deceased-lst appellant.