RAM SINGAR NONIA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the learned counsel for the appellants and learned counsel for the railway.

(2.) This appeal has been filed by the claimants who are the parents of the deceased who died in train accident dated 19.10.1998 when Magadh Express-Vikramshila Express (Train No. 2392) was derailed at Gahmar Station, Eastern Railways due to which the deceased, Kumari Kamla who was travelling by the train with a valid ticket as bona fide passenger was killed.

(3.) This appeal is directed against the judgment and award dated 20.9.2001 by which the Railway Claims Tribunal, Patna Bench allowed the Claim Application No. OA9900143 of 1999 filed by appellants and directed payment of Rs. 4,00,000.00 (four lacs) as compensation to the appellants deducting Rs. 25,000.00 paid earlier as ex-gratia money and it was also directed that 90 per cent of the rest amount was to be deposited in fixed deposit for a period of 5 years and 10 per cent of the rest amount shall be paid in cash to the applicants.