NURASHIHA KHATOON WIFE OF SHARIF RESIDENT OF VILLAGE MASHALTOLI Vs. UNION OF INDIA THROUGH THE GENERAL MANAGER

JUDGEMENT

(1.) THIS appeal is directed against the order dated 24th December, 2008 passed by the Railway Claims Tribunal, Patna Bench, Patna (hereinafter referred to as the Tribunal) in Claim Application No. OA 9800028, whereby the claim application claiming a compensation for the untoward incident in which the son of the claimant died while detraining the train, has been rejected.

(2.) THE short fact is that the claimant was travelling with her son Md. Sajjad by Train No. 49UP from Kumedpur to Mukaria on 09.11.1996 after purchasing valid second class journey ticket. On reaching Mukaria Station, where the train had a very brief halt, having found that both the doors for detraining on the platform side were jammed ; one on account of technical fault and the other on account of the storage of number of wheat bags, the claimant along with her deceased son was forced to detrain the train on the non-platform side, however, on detraining the son of the claimant got hit by Train No. 5716 UP coming on the adjacent rail line resulting into the serious injuries leading to his death. THE claimant accordingly after completing the necessary formalities filed the aforesaid claim application claiming a compensation for the death of her son. THE Railway administration appeared and filed the written statement taking the stand that the deceased was not a bonafide passenger; secondly the claim application has been filed after expiry of the prescribed period of limitation, and thirdly, that the incident in question is not a untoward incident as defined under section 123(c) read with section 124(A) of the Railway Act, 1989. Accordingly, the stand was taken that the claim is not admissible and the claim application deserves to be dismissed.

(3.) FOR the reasons and discussions made above, the order under appeal cannot be sustained in law and the same is accordingly set aside. The Railway administration is accordingly directed to pay compensation in terms of Part I of the Schedule under Rule 3 of the aforesaid Compensation Rules as admissible on the date of passing of the award with simple interest @ 6% per annum from the date of filing of the claim application till payment. Such payment be made within a period of three months on receipt/production of the certified copy of the present order. The appeal accordingly stands allowed. The lower Courts record be sent down without delay.