UNION OF INDIA Vs. NAMITA PADHI

JUDGEMENT

(1.) THE present appeal has been filed by the Central Railways, Mumbai, under Section 23 of the Railway Claims Tribunal Act, 1987, inter alia, seeking to challenge the judgment dated 22nd March, 2006 rendered by the Railway Claims Tribunal, Bhubaneswar Bench in Case No.TA/8/2001, whereby, the Railway Claims Tribunal directed the appellant-Central Railways, Mumbai to pay the respondent a sum of Rs.4,00,000/- with interest @ 4% from the date of transfer of the case to the Bhubaneswar Bench, i.e. from 26.11.2001 within 60 days, failing which the respondents shall be liable to pay interest @ 6% from the date of filing apart from levying cash of Rs.2000/- and issuing certain directions to the manner in which the compensation amount shall be dealt with.

(2.) THE facts leading to the present appeal are to the effect that Late Tarini Charan Padhi, husband of Respondent No.1 and father of Respondent Nos.2,3 and 4 while working as Assembler in Unitech Transformers (P) Ltd. at Khopoli Pan Road in the district of Raigad in Maharastra passed away due to an accident on 7th October, 2000 at the age of 38 years. It is asserted that the deceased was staying at Hariyalli village at Vikhroli East. On 7th October, 2000 while the deceased was undertaking journey from Khopoli to Vikhroli by a local passenger train, he accidentally fall from the running train which resulted in his death leading to filing of the claim of the respondents (wife and children) and the same was registered as T.A. No.8 of 2001. This claim was originally filed at the Railway Claims Tribunal, Mumbai Bench and the same was transferred to Bhubaneswar Bench, since the respondents returned to Odisha which is their permanent abroad, after the death of the sole bread earner Late Tarini Charan Padhi.