MISHRI LAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE appellant has preferred this Misc. Appeal under Section 82(1)(2) of Indian Railways Act, being aggrieved by the award dated 24.9.1986 passed in Claim Case No. 78/85 by Adhoc Claims Commissioner (Musra Railway Accident), Durg.

(2.) THE applicant filed the application under Section 82(c) of Indian Railways Act claiming compensation on the grounds that his two sisters Ranibai and Sushilabai were travelling in the train on 22.2.1985, unfortunately because of the accident both the sisters died in the accident. The appellant submitted that he was dependent on the deceased, therefore, he was entitled to make an application for damages/ compensation.

(3.) THE Union of India has framed certain rules wherein it is said that if a person do not fall within the definition but otherwise is a sufferer or otherwise dependent on the deceased then certain ex gratia payments must be paid to such person. This discertion is given to the Railway Administration. In my opinion, it would be justifiable that Rly. Authorities consider the case of the appellant on Administrative side and if ultimately it is found that he was dependent on the deceased and his application was not maintainable before the Claims Tribunal then under the said Rules some ex gratia payment as per his entitlement is given to him. The appeal is dismissed with the above observations.