GENERAL MANAGER SOUTH EASTERN RAILWAY Vs. DEPTYMAYEE JENA

JUDGEMENT

(1.) The General Manager, South Eastern Railway has filed this appeal under S. 23 of the Railway Claims Tribunal Act (hereinafter referred to as the 'Act'), challenging the decision of the Railway Claims Tribunal, Bhubaneswar, awarding a sum of Rs. 2,00,000/- as compensation to the widow and two children of the deceased-Rabindra Nath Jena.

(2.) Claim application was filed by the widow of the deceased herself as well as on behalf of her children on the allegation that her husband, Rabindra Nath Jena, while travelling from Balikuda-Gopalpur to Bhubaneswar by DMU-1 on 25-10-1997 fell down from the train and subsequently died on account of the injuries sustained in the untoward incident.

(3.) Initially, the Tribunal had awarded a sum of Rs. 2,00,000/- and the matter was taken to the High Court in M.A. No. 375 of 1998 which was allowed on 7-12-1998 and the matter was remanded to the Claims Tribunal for fresh disposal. Thereafter, after receiving further evidence the Tribunal on reconsideration of the matter has awarded a sum of Rs. 2,00,000/- which is under challenge in the present appeal.