SUDHIR MONDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an appeal under Section 23 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as 'the Act') The appellant, who was the applicant before the Railway Claims Tribunal, Calcutta Bench (hereinafter referred to as 'the Tribunal'), is aggrieved by the order dated 9th July, 1996 passed by the Tribunal in her claim application (No.A/52/96). By the impugned order the claim application was rejected on contest.

(2.) The appellant is the widow of one Shib Prosad Mondal of 2. Bibekananda Colony, P.O. Bhattangar (Liluah), in the District of Howrah of the State of West Bengal. On 25th November, 1995 at Howrah Station of the Eastern Railway the C-252 down Bardhaman-Howrah (Chord) EMU Local met with an accident. The nature of the accident was that the tram dashed against the dead end buffer of platform No.6 at Howrah Station. In consequence of the accident, which took place at 10.03 hrs., (a) the driving coach No. ER-10968 got mounted, (b) coach No. ER-11613 (position 4th from driving coach) got derailed of Howrah end trolley one wheel & Delhi end trolley one wheel, and (c) coach No. ER-10097 (position 5th from driving coach) got derailed of Howrah end trolley two wheels causing damage to the buffer. As a result of the accident two persons died, five persons sustained grievous injury, and eight persons sustained simple injury. Shib Prosad Mondal was one of the two dead persons.

(3.) On 16th January, 1996 the appellant filed an application under Section 16 of the Act before the Tribunal. As dependant of the deceased, she claimed compensation at Rs. 2,00,375/-, in addition to the, ex-gratia amounting to Rs. 10,000/- that had been paid by the railway administration. By an application for amendment dated 11th March, 1996 she prayed for amendment of the claim application so as to incorporate the names of the minor son and minor daughter of the deceased in the category of claimants. It was originally stated in the claim application that the deceased was possessing a monthly ticket which was lost at the time he met with the accident. By the amendment application this statement was sought to be amended to the effect that the monthly ticket was 'ex-Liluah to Howrah and back."