MD JAKIR HUSSAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. K. Bhattacharjee, learned counsel for the appellants and Ms. U. Chakraborty,

(2.) A claim was made by the appellants herein for compensation on the death of one Rokibul Islam, who died on 29.05.2011. The claim was initially heard by a Division Bench of the Railway Claims Tribunal comprising of Ms. Shyama Dogra, Member, Judicial and Mr. B.B Verma, Member, Technical. By the judgment dated 11.01.2013, the Member Judicial rejected the claim of the appellants whereas the Member Technical allowed a compensation of Rs.4,00,000/-(rupees four lacs) to the dependents of the person who had died.

(3.) As there was a variance in the opinion of the Division Bench, the matter was placed before the third Member, who also happened to be a Member Technical namely Mr. J.D Goswami. The Member Technical J.D Goswami on being referred as the third Member by his order dated 09.05.2013 had arrived at its decision that the claim requires a rejection. The Member Technical to whom it was referred as the third Member, in paragraph-16 of his order had held as follows:-