UNION OF INDIA Vs. SARLA

JUDGEMENT

(1.) This appeal is directed against the order of learned Railway Tribunal, Chandigarh, dated 31.3.2009, vide which a claim petition filed by legal representatives of deceased Om Parkash has been allowed and widow of the deceased has been awarded Rs. Two lacs, whereas his two children namely Vinod Kumar (son) and Baby Poonam (daughter) have been awarded Rs. One Lac. each with simple interest @ 9% per annum from the date of filing of the claim petition i.e. 7.12.2005, till the payment is made. Out of which, 50% share of amount of applicants Nos. 1 and 2 (son and daughter respectively) has been ordered to be kept in fixed deposits in their favour in any Nationalized Bank for three years and the total amount of Rs. One Lac. awarded to Baby Poonam (minor daughter) has been ordered to be kept in fixed deposit till she attains the age of majority with a further rider that no charges whatsoever shall be created on it. The banking charges were ordered to be borne by the Railways and mother of Baby Poonam was given liberty to draw quarterly interest on the fixed deposit for the purpose of her education and welfare.

(2.) On 12.4.2005, Om Parkash (since deceased) boarded EMU train coming from Shakurbasti and going to Palwal via Faridabad as he had to attend a 'Vaid' for the purpose of his treatement as he was suffering from paralysis. After about 1 1/2 kilometer from Faridabad between Faridabad Railway Station and New Town, Faridabad Railway Station, strong breaks were applied to the train by its Driver, as a result of which, passenger Om Parkash fell down due to powerful jolt/zerk on parallel railway track and was runover by a high speed train coming from opposite side, cutting his body into various pieces. Some one informed Dy.SS/Faridabad, who sent an intimation to GRP vide memo dated 12.4.2005. Inquest report No. 54 dated 12.4.2005 was prepared. Post mortem was also conducted on the same day and the statement of one Vijay Kumar co-passenger was recorded who had seen the whole incident.

(3.) Respondent/appellant-Railways contested the claim petition denying causing of any untoward incident and liability of the Railways in terms of Section 123(c) read with Section 124A of the Railways Act, 1989 (for short, 'the Act'). It was also alleged that the deceased Om Parkash was not in possession of any ticket and was not a bonaflde passenger.