UNION OF INDIA Vs. TRILOCHAN NAYAK

JUDGEMENT

(1.) AS common questions of law and facts involve in these appeals, they are being disposed of by this common judgment. These appeals under Section 23 of the railway Claims Tribunal Act, 1987 (hereinafter referred to as "the Act") have been preferred by the Union of India represented by the General Manager, Central Railway, bombay, against four different awards made by the Railway Claims Tribunals, Bhubaneswar.

(2.) IN brief, facts of each case are as follows : fao No. 77 of 2006 in this appeal, the railway authorities have challenged the award dated 28th november, 2005 passed by the Railway Claims tribunal, Bhubaneswar Bench, bhubaneswar in O. A. No. 27 of 2003 allowing the claim application of the claimants-respondents in a case of death. One Narendra Kumar Nayak, the deceased, while travelling from Ahmedabad to kharagpur in Ahemedabad-Howrah express, got down from the train at Nagpur station to take water and after taking water while he was boarding the train, it started with jerk for which he fell down and sustained the fatal injuries on 5-7-2002. Thereafter he succumbed to the said injuries. The parents and the minor brothers of the deceased are the claimants. The railway authorities filed their written statement in usual manner. In support of the claim, the claimants produced the inquest panchanama, post-mortem report and attested copy of the railway journey ticket No. 00135473 dated 4-7-2002 from ahemedabad to Kharagpur. They also filed an affidavit of one Abhaya Mallick who was also travelling with the deceased in the same train. In the post-mortem report, it is recorded in the column in respect of substance of accompanying report of the police for the cause of death as 'railway accident' and in the opinion of the doctor the cause of death was 'hemorrhage'. The Tribunal after analyzing the materials available before it awarded the statutory compensation of Rs. 4 lakhs with interest at the rate of 4% from the date of filing of the case, i. e. 22-4-2003'. After receipt of copy of the award, the railway authorities without prejudice to the rights of the authorities paid the principal amount of Rs. 4 lakhs with costs. In this appeal, they have challenged the award passed by the Tribunal regarding payment of interest and raised the question ol law as to whether the Tribunal was right in awarding 4% interest on the awarded amount from the date of filing of the application. FAO No. 463 of 2006 in this appeal the railway authorities have challenged the award dated 13-9-2006 passed by the Railway Claims Tribunal, bhubaneswar in OA No. 76 of 2004 allowing the claim application of the claimants-respondents in a case of death. The case of the claimants-respondents is that while the husband of respondent No. 1 was travelling from Maharashtra to bhubaneswar by Konark Express train as a bona fide passenger vide ticket No. 42669390 on 14-7-2004, due to sudden unexpected jerk of the train, he fell down from the running train on the left side of the track between Kaonshel and Lonavala railway Stations and the co-passenger, the nephew of the deceased, pulled the chain of the train as a result of which the train was stopped and on the query being made by the driver of the train as to why he pulled the chain, he informed him that his uncle fell down from the train. Thereafter, the matter was also informed to the GRP and they found the deceased dead at the spot. Thereafter, the deceased was taken to khandala where post-mortem was held on 15-7-2004. The claimants claimed compensation as they are dependants of the deceased. The Tribunal awarded Rs. 4 lakhs with interest @ 4% from the date of filing of the original application i. e. 1-10-2004 and directed the amount to be paid within sixty days failing which the claimants will be entitled to interest at the rate of 6% from the date of filing of the original application. The claimants were also directed to be entitled to cost of Rs. 2000/ -. The Tribunal further directed that out of the awarded amount a sum of Rs. 50,000/- with interest and cost shall be paid to claimant No. 1 and out of the balance amount, Rs. 50,000/- shall be kept in fixed deposit in a nationalized bank to the choice of claimant No. 1 in her name for a period of one year. Rs. 1 lakh each shall be kept in fixed deposit in the names of claimant Nos. 2 to 4 for a period of ten years with the liberty to claimant No. 1 to draw monthly interest accrued on those deposits for the maintenance of the minor claimants. In this appeal, the Railway has raised a technical point that though there is a provision under the Railways Act that specific issue shall be framed and the original application shall be decided after framing the issue, the Tribunal without framing any issue disposed of the original application and passed the award. FAO No. 424 of 2005 in this appeal, the railway authorities have challenged the award dated 23-8-2005 passed by the Railway Claims Tribunal, bhubaneswar in OA No. 78 of 2003 allowing the claim application of the claimants-respondents in a case of death. The case of the claimants-respondents is that while the deceased as a bona fide passenger vide Ticket bearing No. 01977339 dated 26-6-2002 was travelling from Puri to surat with his family members in Puri-Ahamedabad Express, they did not get a seat due to over crowd in the general compartment. Therefore, the deceased occupied a small space near the exit door. On 27-6-2003, after passing the Nagpur Station the deceased accidentally fell down from the running train due to jerk and push and pull by the passenger. The family members tried to stop the train by pulling the alarm chain but the train stopped only at Wardha Station. The deceased succumbed to the injuries. The dead body was sent to Wardha for post-mortem examination. The claimants claimed compensation as they are dependants of the deceased. The Tribunal directed the Railway to pay the compensation of rs. 4 lakhs with interest at the rate of 4% from the date of filing of claim application, i. e. 3-11-2003, within sixty days failing which the claimants shall be entitled to interest at the rate of 6% from the date of filing. The Tribunal further directed the railway to pay a cost of Rs. 2500/ -. FAO No. 425 of 2005 in this appeal, the railway authorities have challenge the award dated 23-8-2005 passed by the Railway Claims Tribunal, bhubaneswar in OA No. 92 of 2003 allowing the claim application of the claimants-respondents in a case of death. The case of the claimants-respondents is that one Sibaram Rout as a bona fide passenger vide ticket No. 24115 along with his co-villagers boarded Vijayawada bound East coast Express from Balugaon to go to Surat. They got down at Vijaywada Station and caught Surat bound Nabajeeban Express on 18-3-2002 and got up in the general compartment which was over-crowded. While sitting near the Wash Basin, due to jerk and pull and push of passengers the deceased fell down from the train at Varungam Railway station in Maharashtra and died on the spot on 19-3-2003 and the police registered an ADR Case No. 19 of 2002. The claimants claimed compensation as they are dependants of the deceased. The Tribunal awarded compensation of Rs. 4 lakhs with 4% interest from 1-12-2003 within sixty days failing which the claimants shall be entitled to interest at the rate of 6%. The tribunal also directed the railway authorities to pay a cost of Rs. 2500/ -.

(3.) IN these above appeals the appellant-Railway has not challenged the award of the tribunal but has challenged the interest part only.