UNION OF INDIA Vs. RAM LAKHAN SINGH

JUDGEMENT

(1.) In a train accident, on 16.4.1990, one Dharambir Kumar an 18 years old boy died. The sole respondent filed claim application under the Indian Railways Act, 1989 before the Railway Claims Tribunal, Patna Bench.

(2.) The tribunal rejected the same on 15.12.1990, holding that the claimant was not dependent. He filed Misc. Appeal No. 27 of 1991 under Section 23 of the Railways Claims Tribunal Act, 1987 before this court, wherein the tribunal's order was quashed and the matter was remitted back to it for fresh consideration. This time by the impugned order dated 15.1.1997, the tribunal directed the Railways to pay Rs. 2 lakhs to Ram Lakhan Singh, Gulabo Devi, Master Master Ranbir Kumar and Leela Kumari, the father mother brother and sister of the deceased.

(3.) Mr. Bose Counsel for the appellant submitted that at any rate the respondent and other members of the deceased's family were not entitled to more than Rs. 1 lakh as provided under the then existing Rules and the Railway Compensation Rules, 1990, which came into force with effect from 7.6.1990 i.e., after the date of the present accident was not applicable, whereby the rate of compensation in case of death of a bona fide passenger in a train accident was enhanced from Rs. 1 lakh to 2 lakhs.