UNION OF INDIA Vs. MAMTA AND ORS.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh, dated 22.05.2015, whereby, the claim application preferred by the respondents stands allowed granting compensation amounting to Rs. 4 lacs alongwith interest at the rate of 6% per annum from the date of filing the claim application i.e. 15.07.2013 till the date of award i.e. 22.05.2015 and thereafter, in case the respondents (before the Tribunal) failed to make the payment within a period of 60 days, interest at the rate of 9% per annum from 23.05.2015 till realization of the same.

(2.) It is the contention of the learned counsel for the appellants that the Tribunal has erred in allowing the claim application as the first requirement as per the statute is that the deceased-Sanjeev Kumar should be a bona fide passenger and had a valid ticket with him at the time when the alleged accident had taken place in terms of Section 124 A of the Railways Act, 1989. His further contention is that even if he had a valid travelling ticket with him, it was required to be established that the accident had taken place due to negligence, inaction or some act on the part of the Railways or its employees which would have resulted in such an accident having taken place. Apart from that, he asserts that there was no untoward incident when the accident is alleged to have taken place as there is no witness to the same nor has there been any report of any of the passengers to this effect. He, thus, contends that the impugned judgment deserves to be set aside and the claim application of the respondents dismissed.

(3.) I have considered the submissions made by the learned counsel for the appellant and with his assistance have gone through the impugned judgment.