UNION OF INDIA Vs. GAURIPRAVA KALITA

JUDGEMENT

(1.) Heard Mr. G. Goswami, learned counsel for the appellant as well as Mr. J. Mollah, learned counsel for the respondent.

(2.) This appeal under section 23 of the Railway Claims Tribunal Act, 1987 is to challenge the order and award dated 18.12.2012 passed by the learned Railway Claims Tribunal, Guwahati Bench, Guwahati in OA-IIu-1170/2007 by which the respondent herein was awarded a sum of Rs.4,00,000/- on account of untoward accident leading to death of her son, namely, Anil Kalita, further providing that the respondent would be entitled to interest @ 7% per annum and in case of default in paying within 90 days, the respondent was held entitled to interest @ 9 % from the date of order till payment.

(3.) As per the claim petition it was projected that on 07.08.2007, the deceased fell down from Dn Amritsar Express train at Changsari Railway Station while traveling to Guwahati from North Bongaigaon with a valid ticket. It was projected that due to rush and commotion, the deceased had fallen down from the train. The Rangia/ GRPS registered UD Case No.36/2007. After inquest and post mortem was conducted, the dead body was handed over to the respondent. It was claimed that all materials of the deceased including journey ticket was lost and that the respondent, who was the mother, was the only dependent left by the deceased.