UNION OF INDIA Vs. MALTI KUNWAR

JUDGEMENT

(1.) The Indian Railways have preferred this appeal under section 23 of the Railway Claims Tribunal Act, 1987, and is directed against the judgment dated 11.10.1999, passed by the learned Member (Technical), Railway Claims Tribunal, Bench at Patna, in Claim Application No. 9700208, Malti Kunwar v. Union of India, in terms of section 124-A of the Railways Act, 1989 (hereinafter to be referred to as '1989 Act') whereby a sum of Rs. 2,00,000 have been awarded to the claimant with interest in the manner indicated in the order.

(2.) We shall go by the description of the parties occurring in the claim case. Subhash Prasad (since deceased), the husband of the applicant (the respondent herein), was a G.R.P. constable at Raxaul Station. While in discharge of the duty, he was escorting 357 Up Darbhanga-Narkatiagunj passenger train, he accidentally fell down from the running train on 11.5.1997, and died on the spot. He was a part of the escort party for the protection of the passengers and their properties. This led to an application by his widow (Malti Kunwar) which was filed on 28.8.1997, claiming compensation of Rs. 2,00,000 from the railway administration. The claimant examined herself in support of her claim and also brought on record a number of documents. The respondent railway administration did not lead any evidence at all. On consideration of the materials on record, the learned Tribunal was pleased to allow compensation of Rs. 2,00,000 with interest detailed in the judgment. Hence this appeal at the instance of the railway administration.

(3.) While assailing the validity of the impugned judgment, learned counsel for the respondent (appellant herein) submits that in order to be a bona fide person on duty, the claimant must establish that the deceased was travelling in discharge of his duty and he was in possession of a valid ticket or its equivalent, being pass or duty certificate.