UNION OF INDIA Vs. RANI DEVI

JUDGEMENT

(1.) I have heard parties and perused the record of this case.

(2.) This appeal is directed against the Order and Award dated 23.03.2010 passed by the Railway Claims Tribunal, Patna Bench (hereinafter referred to as 'the Tribunal') in Case No. OA000187/2004 by which the Tribunal had awarded Rs.4 lacs as compensation amount to be paid within two months failing which the claimants-respondents would be entitled to get the interest @ 9% per annum from the date of filing of claim application till its realization.

(3.) The facts of the case stand enumerated as under :- According to the claim application, the deceased was the husband of applicant no.1, who had boarded Train No. 3348 Up (Palamu Express) on 19.12.2003 in the first class compartment with a valid ticket. The deceased was travelling from Patna to Palamu. He boarded the train at Rajendra Nagar Terminal, Patna. Between Rajendra Nagar Terminal and Chiraiyatad over bridge, some dacoits/miscreants boarded the same train and started extorting the articles and money from the passengers including the deceased. The passengers, who had resisted, were attacked by the dacoits. The deceased was attacked by them with a sharp cutting weapon and, as a result of which, he became unconscious. He was taken to the hospital but was declared dead. Thus, the claimants claimed compensation amount of Rs.4,31,500.00 as the deceased was the victim of untoward incident. The appellant/respondent filed written statement controverting the claim and stating that the claimants would have to prove that the deceased was an authorised and bona fide passenger failing which the claimants would not be entitled for grant of compensation. Other grounds were also taken in the written statement.