UNION OF INDIA Vs. KAUSHALYA DEVI

JUDGEMENT

(1.) This appeal is directed against the judgment dated 26.2.1999, passed by the Railway Claims Tribunal, Patna Bench, in Application No. OA 9700215 Kaushalya Devi v. Union of India, whereby the claim application of the claimants (the respondents herein) for compensation on account of the death of Ram Singar Singh has been allowed, and compensation amount of Rs. 2,00,000 with interest at the rate of 12 per cent per annum from the date of judgment has been allowed. The Union of India through the Indian Railways has preferred this appeal.

(2.) One Ram Singar Singh had boarded 5203 Up during the night intervening 4.7.1996 and 5.7.1996 at Hajipur for a destination which is not clear from the records of the case. Soon after the train had started moving he fell down from the train due to the rush and push. He was taken to Siwan Hospital and ultimately to Patna where he died. The post-mortem was done on the body and inquest report was prepared on the date of the death itself. Thereafter, his widow, and children who were minors on the date of the accident, filed an application under section 125 of the Railways Act, 1989 (hereinafter referred to as 'the Act'), before the Railway Claims Tribunal, Patna Bench, claiming compensation for the death of Ram Singar Singh.

(3.) The parties led evidence in support of their respective cases. The claimants examined Lakshman Paswan, a co-villager who claimed that he was travelling by the same train from Hajipur to Gorakhpur. The Tribunal has held that Ram Singar Singh was a bona fide passenger with a proper railway ticket and, therefore, the claimants are entitled to compensation within the meaning of section 123 (c) (2) of the Act with interest.