UNION OF INDIA Vs. RUPA SINHA

JUDGEMENT

(1.) HEARD learned counsels appearing on behalf of the parties and since both these appeals arising out of composite order are being taken up together.

(2.) BOTH these appeals have been preferred against the order dated 31st March, 2008 passed in Claim Application Nos. ­ O.A. 00048 of 2007 and O.A. 00047 of 2007 by Railway Claims Tribunal, Patna Bench, awarding a sum of Rs. 8,00,000/- (Rs. 4,00,000/- each) as death compensation of the parents of the applicant, who undisputedly died while travelling in a train over which railway over-bridge fell down resulting into their death one by one.

(3.) SINCE , it is undisputed that deceased was entitled to travel in higher class of the train, but due to short distance from Kahalgaon to Bahagalpur, adopted to travel in comparatively lower class at the cost of his (their) comforts. They cannot be held travelling without any award. Further, in spite of consistent statements of the claimant in her pleadings that she was adopted by the deceased much before and even the documents produced including the statements made by Late Bhagwan Prasad Sinha, indicating the name of the dependants which includes the claimant as daughter and she passed matriculation examination, wherein, at the place of father's name, Late Sinha appears recorded/mentioned. There is nothing to hold that she was not the daughter of the deceased.