GYANESHWAR Vs. UNION OF INDIA

JUDGEMENT

(1.) The instant appeal has been preferred by the claimant-appellants under Section 23 of Railway Claims Tribunal Act, 1987 against the judgment and award dated 15.5.2009 passed by the Railway Claims Tribunal, Jaipur Bench, Jaipur (hereinafter referred to as the 'learned Tribunal') in Claim Petition No.O.A.II/13/2005 titled as Shri Gyaneshwar & Anr. v. Union of India, whereby the claim petition of the claimant/appellants has been allowed partly and awarded Rs. 4 lacs as compensation to them without any interest.

(2.) Skeletal material facts necessary for disposal of this appeal are that the claimant/appellants filed a claim petition before the Tribunal for compensation of Rs. 15 lacs with interest on account of death of one Shri Nathu Singh stating therein that appellant No. 1 is son and appellant No. 2 is wife of Shri Nathu Singh. It is also averred that deceased died due to untoward incident, which took place on 6.1.2004, while he was travelling in Train No. 170 UP with ticket No. 03779353. The respondent/non-claimant filed reply to the claim petition and contested the case.

(3.) After hearing learned counsel for the parties, the learned Tribunal partly allowed the claim petition and awarded Rs. 4 lacs to the claimant/appellants with proportionate cost. The learned Tribunal while passing the impugned judgment and award also directed the respondent to pay the award amount within a period of 60 days, failing which the interest shall be payable @ 6% per annum from the date of judgment till the date of actual payment of the same.