SARASWATI DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) There was a bomb blast on 24th of August, 1998 at the Guwahati Railway Station in which apart from some others one Sri Gopal Das died. The parents of Sri Gopal Das, that is Sri Prafulla Ch. Das (father) and Smt. Jai Radhika (mother) filed a petition for compensation before the Railway Claims Tribunal, Gauhati claiming initially a compensation of Rs.2,00,000.00 under the Railway Claims Tribunal Act, 1987. Later on the wife of the deceased Smti. Saraswati Das for herself and on behalf of her minor son Rahul Das filed another claim petition claiming compensation on account of the death of Sri Gopal Das. Later on the petition filed by the wife of the deceased was however, withdrawn and they were impleaded as parties in the former petition filed by the father and mother of the deceased. It may further be observed herein that by way of amendment the compensation which was initially claimed as Rs.2,00,000.00 was allowed to be enhanced to Rs.4,00,000.00. The Tribunal by the judgment and order dated 7.8.2001 awarded total compensation of Rs.2,00,000.00 i.e. Rs.50,000.00 each to father, mother, wife and the child of the deceased.

(2.) This appeal has been filed by the wife and the child of the deceased. The Railways, the father and mother of the deceased are the respondents.

(3.) The learned counsel for the appellant submitted that in view of the provisions of Section 123 of the Railways Act, 1989, in presence of the wife and the child of the deceased, the parents of the deceased cannot claim any compensation. He referred to the definition of dependent' in Section 123(b) of the Act which is in the following terms :-