KAPIL RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) This miscellaneous appeal has been filed by the son of the deceased Rula Devi, who died in railway accident which took place on 16-4-90. By the order dated 8-11-1990 in Claim Application No. 36/DA passed by the Members of the Railway Tribunal, Patna, claim for compensation has been refused.

(2.) Smt. Fula Devi was the bona fide passenger of Train No. 383 Up Mokama-Danapur passenger and died on 16-4-1990 in the accident which took place on that date. The Tribunal has also recorded such finding in favour of the claimants.

(3.) However, the claim for grant of compensation has been rejected on the ground that the lady has no earning capacity. Her involvement was only limited to domestic works. It has been held that since the applicant was not dependent on the earning, of the deceased lady, therefore, not entitled for compensation.