UNION OF INDIA Vs. SATISH PATIDAR

JUDGEMENT

(1.) Union of India has filed the present appeal under Section 23 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as 'Act of 1987'), aggrieved by the award dated 12-6-97 passed by the Railway Claims Tribunal, Bhopal (hereinafter referred to as 'Tribunal') in Original Application No. 628/96. The Tribunal awarded a sum of Rs. 2 lac as compensation to the respondents who are the legal representatives of deceased Sadashiv, who died due to a fall from running train.

(2.) The final journey for the deceased began on 14/07/1992, when he boarded 130 Up train at Thandala for Meghnagar. He fell from the train and the train ran over him. The respondents, being the legal representatives of the deceased, filed the claim for compensation before the Tribunal after about 4 years of the incident, on 5-8-96.

(3.) The appellant contested the claim of the respondents on the ground that the application is barred by limitation. It was also contended by the Union of India that Section 124-A of the Railways Act, 1989 (herein- after referred to as the 'Act of 1989'), providing for compensation on account of an untoward incident was inserted by Railway Amendment Act, 1994 (hereinafter referred to as the 'Amending Act') with effect from 1-8-1994 and the alleged incident, occurred prior to that date. Therefore, respondents cannot get the benefit of the amendment. It was further contended that the Tribunal has no jurisdiction to entertain the petition.