UNION OF INDIA Vs. MARGINA BEWA

JUDGEMENT

(1.) Both the appeals have been preferred against the judgment dated 15th of November, 2013 passed by the Vice-Chairman of Railway Claims Tribunal, Kolkata in claim Application No. OA (IIU)/0123/2010).

(2.) The claim application was allowed by the learned tribunal and the learned tribunal has awarded a sum of Rs.4,00,000.00 in favour of the claimants. The Railway Authority has preferred the appeal challenging the compensation and the claimants have also preferred the appeal on the ground that the learned tribunal has not awarded any interest upon the compensation.

(3.) Learned advocate for the Railway Authority submits that the impugned award passed by the learned tribunal is erroneous. The learned tribunal must have considered the evidence of eye witness who deposed as AW-2 before the learned tribunal. He again argued on perusal of the cross-examination of AW-2, it would be revealed that there are gross negligence on the part of the victim himself, consequently he fell down from the train and died on spot. He further pointed out that the learned tribunal has failed to appreciate the provisions of law enumerated under Sec. 124-A (b) regarding "self- inflicted injury". In this particular case, the fact goes to show that the victim was standing recklessly and in front of the door of the train loaded with passengers and due to his own negligence he felt down from the train. The learned tribunal has not put emphasis upon the evidence of AW-2 and passed the impugned judgment erroneously. The learned advocate for the appellant also argued that the instant accident is not beyond reasonable doubt; there is no Railway memo in respect of the said accident when it has been alleged by the petitioners that the accident happened at Khagraghat Railway Station. The initiation of the incident Khagraghat G.R.P.S. Case without a railway memo of station master is doubtful. He prayed for setting aside the impugned award.