UNION OF INDIA Vs. SURENDRA PRASAD SINHA

JUDGEMENT

(1.) This miscellaneous appeal is directed against the order passed by the Railway Claims Tribunal, Patna, in Application No. OA-72 of 1991. The Union of India through General Manager, Eastern Railway, is the appellant here.

(2.) One Jamuna Devi, widow of late Ramashray Prasad Yadav filed the aforesaid claim case alleging, inter alia, that her husband was travelling in 383 Up Mokama-Danapur Passenger on 16.4.1990 which caught fire in which Ramashray Prasad Yadav and some other passengers died. Earlier a claim case was preferred by the son of Ramashray Prasad Yadav which was dismissed on the ground that the son was not dependent upon his father and that it was not proved that Ramashray Prasad Yadav was a bona fide passenger in the concerned train. However, the Tribunal, held on the basis of evidence in the instant case that Ramashray Prasad Yadav was a bona fide passenger and, therefore, the Tribunal granted compensation amount of Rs. 2,00,000 to the claimant Jamuna Devi.

(3.) The impugned order of the Claims Tribunal was challenged on the ground that claim case was barred under Section 11 of the Civil Procedure Code and that it was not proved even in the second claim case that Ramashray Prasad Yadav was a bona fide passenger. The amount of compensation of Rs. 2,00,000 was also challenged and it was submitted that amount of compensation earlier was Rs. 1,00,000 and the amendment changing the amount of compensation was introduced in year 1990 through Notification No. GSR 552(E) dated 7.6.1990. Therefore Rs. 1,00,000 should have been fixed as compensation amount because the rules applicable then provided for the aforesaid amount and not Rs. 2,00,000 which was introduced as the compensation amount through the amendment introduced in June, 1990.