LAWS(GAU)-2002-11-19

UNION OF INDIA Vs. LILA MAYA SANNASI

Decided On November 11, 2002
UNION OF INDIA Appellant
V/S
LILA MAYA SANNASI Respondents

JUDGEMENT

(1.) Heard Mr. U.K. Nair, learned counsel for the appellant and Mr. J. Mollah, learned counsel for the respondents.

(2.) The order dated 20th May, 1998 passed by the Railway Claims Tribunal, Guwahati Bench in Application No. 961/ 97 is the subject matter under challenge in this appeal.

(3.) The facts of the Case in a short compass are as follows - The respondent No. 1 Smti. Lila Maya Sannasi filed an application for compensation under the relevant provision of the Railways Act, 1989 (for short Act of 1989) by centending, inter-alia, that her son Shri Ganesh (Sannasi) now, deceased, and his sister while they were travelling on 30.7.97 by 5646 Dn. Guwahati Dadar Express, her son fell down from the train and was run over by the same train at Kamakhya. The claim application was resisted by the Railway-appellant herein, by filing written statement, thus denying the incident as described in the claim application. The appellant also urged that the alleged incident is not an untoward incident as defined under the provision of Section 123 (c) of the Act 1989. The learned Tribunal upon hearing the parties awarded compensation to the tune of Rs.2,00,000/- to be paid by the Railway authority to the respondent No. 1 and 2 who are mother and sister of the deceased in equal share within two months from the date of the order dated 20.5.98. Being dissatisfied with the impugned order passed by the learned Railway Claims Tribunal, the appellant preferred this appeal. While this appeal is pending before this Court the respondents filed an application for enhancing the compensation to the tune of Rs. 4,00,000/- and make payment of it keeping in view of the decision of the Apex Court rendered in Rathi Memon Vs. Union of India, reported in (2001) 3 SCC 714, and also the decision of this Court rendered in Saraswati Das Vs. Union of India 2002 (1) GLT 401 and the said application was registered as Misc. Case No. 135/2002.