TURTAN SAMAD Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard, learned counsel for the appellant, Mr. D.K. Malityar and learned counsel for the respondent - Railway, Mr. Vijay Kumar Sinha.

(2.) Learned counsel for the appellant has submitted that the appellant namely, Turtan Samad has preferred instant appeal against the judgment dtd. 6/5/2015 passed by learned Member (Technical), Railway Claims Tribunal, Ranchi Bench in Case No. TAU/RNC/1999/0015, whereby the claim application of the appellant has been dismissed.

(3.) Learned counsel for the appellant has submitted that it is unfortunate case in which the Railway Claims Tribunal has decided both the contesting issues regarding bonafide passenger as defined under Sec. 2 (29) of the Railways Act and untoward incident as defined under Sec. 123(c)(2) of the Railways Act in favour of the claimant, Fulmani Samad, mother of the deceased Nelson Samad and brother Turtan Samad, but did not allow the fruits of the compensation in favour of the claimants, as because during the pendency of the appeal, the mother of the deceased died and the Railway Claims Tribunal has considered brother not to be a dependent on the deceased, though deceased was elder unmarried brother. The compensation would have been awarded considering the dependency on the date of incident dtd. 26/5/1999 and when the claim application was filed on 18/11/1999, but because of pendency, the mother of the deceased died and fruits of award has not been given in favour of claimants.