MADHUMITA SHARPA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal has been filed against the judgment dated 26.3.98 by the Railway Claims Tribunal, Guwahati in Claim Application No. 975/97. What happened in this case was that an application was filed u/s 16 of the Railway Claims Tribunal Act, 1937 by one Smti. Madhumita Siharpa, widow of the deceased praying for grant compensation on account of the death of her husband as a result of the Railway accident. There is no denial of the fact that the person died as a result of Railway accident while he was on official duty and it is also beyond doubt that wher he met with the accident he was on official duty as it is evident from the report (Annexure-1) submitted by the Divisional Railway Manager, N.F. Railway, Lumding. The Tribunal rejected the claim on the ground that the accident which caused the death of the appellant's husband is not covered by the definition of 'untowards incident' as defined u/s 123(c) of the Railway Act, 1987. THIS matter came up for consideration before the Division Bench of this Court reported in 2000(1) GLT 523 (Minu Mai Devi, appellant-Vs-Union of India, respondent) wherein in paragraphs- 9,10 and 11 it was pointed out as follows :-

(2.) THEREFORE, a person who met with an accident while on official duty shall also be entitled to such compensation. In that view of the matter the judgment of the Railway Claims Tribunal shall stand quashed and the matter shall now go back to the Tribunal to decide the quantum of compensation and entitlement of compensation shall not be reopened. The Tribunal shall dispose of the matter within a period of three months. The parties shall appear before the Tribunal on 29th of June, 2001 to receive further instruction.