SHAKUNTALA DEVI, Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard, learned counsel for the parties.

(2.) The instant appeal has preferred by the claimant for enhancement of the award passed by learned Member/Technical, Railway Claims Tribunal, Ranchi Bench, Ranchi in Case No.OA(IIU)/RNC/2007/0010, whereby the claimant/appellant has been awarded a compensation to the tune of Rs.2,00,000/- without any interest and if the amount is not released by the respondent within two months from the date of pronouncement of the decree, it will carry an interest of 9% from the date of the judgment, till actual payment made.

(3.) Learned counsel for the appellant, Ms. Chaitali C. Sinha has assailed the impugned award on the ground that the learned Tribunal held Kishori Yadav (deceased) to be a bona fide passenger and the incident in which he had lost his life, as an untoward incident as defined under Section 123 (C)(2) of the Railway Act, 1989. But while granting compensation the learned Railway Claim Tribunal, Ranchi has committed error as at that relevant time, the compensation for death of a person was Rs.4 Lacs in view of the Railway Accidents and Untoward Incidents (Compensation) Rule, 1990, which was applicable on the date of alleged incident dated 03.04.2006. Learned counsel for the appellant has further submitted that the incident took place on 03.04.2006, the claim application was filed on 2.02.2007 and the final judgment /decree was passed on 02.08.2013. The learned Tribunal has wrongly awarded Rs.2 Lacs instead of Rs.4 Lacs and further committed error by not awarding interest. This issue has already been decided by the Hon'ble Apex Court in the case of Rathi Menon Vs. Union of India, 2001 3 SCC 714 at paras 29 and 30 which is reproduced herein-below :-