LAWS(RAJ)-2013-10-160

UNION OF INDIA Vs. SMT. SUNITA AND ORS.

Decided On October 21, 2013
UNION OF INDIA Appellant
V/S
Smt. Sunita And Ors. Respondents

JUDGEMENT

(1.) THE present appeal is directed against the order dated 22.5.2008 passed by the Railway Claims Tribunal, Jaipur (hereinafter referred to as 'the Tribunal') in case No. OA -II -103/2005, whereby the claim petition of the claimants was allowed and claimants were awarded compensation of Rs. 4,00,000/ - with interest @6% per annum from the date of filing of the claim petition till the award, on account of the death of Sumer Singh. It appears that the respondents -claimants who happened to be the wife, children and parents respectively of late Sumer Singh, had filed the claim petition before the Tribunal wherein amount of Rs. 6,00,000/ - was claimed on the ground that late Sumer Singh had died on 23.6.2005 on account of an accident which had taken place on 29.5.2005 when he was traveling in the train being No. 3004 Down from Bharatpur to Bandikui with a free pass. According to the respondents -claimants, said Sumer Singh had fallen down from the running train on account of negligence on the part of the appellant.

(2.) THE Tribunal after appreciating the evidence on record, passed the impugned order which is challenged in this appeal.