SHANTI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This miscellaneous appeal has been preferred, under Sec. 23 of the Railways Act, 1989, against the judgment and award dtd. 23/7/2004 passed by the Railway Claims Tribunal, Patna Bench in Claim Application No. OA-000172 of 2002.

(3.) Appellant-Shanti Devi brought Claim Case No. OA- 000172 of 2002 before the Railway Claims Tribunal, Patna claiming compensation for death of her husband Late Jago. Mr. Jago was aged about 46 years and was an employee of the railway in the capacity of Gangman. On 20/11/2001, Jago was travelling on the referred train which met with an accident due to collision with a Diesel Engine which resulted in death of Jago. For death of her husband, the appellant got Rs.1,00,000.00 (one lac) as ex-gratia compensation from the DRM, Danapur. The deceased died leaving the heirs mentioned in para 13 of the claim petition which includes the minor children of the deceased. The claimant is claiming compensation of Rs.4,00,000.00 (four lacs) which was the statutory amount of compensation for death prevailing on the date of accident under Sec. 4 of the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990. The aforesaid fact would be evident from Annexure-1, a copy of the claim petition available with the supplementary affidavit.