SABITA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard the parties.

(2.) This appeal has been filed under Section 23(1) of the Railway Claims Tribunal Act, 1987, against by the judgment dated 20.07.2009, passed in TTU50027/05, by learned Member Judicial, Railway Claims Tribunal, Ranchi Bench, Ranchi, whereby the learned Claims Tribunal has passed an order for compensation to the extent of Rs.4.00 lakh, out of which Rs.1.00 lakh paid by Railway has to be deducted and a direction was given to the Railway Administration to pay rest amount of Rs.3.00 lakh, which would be paid in equal shares to the applicants by making a fixed deposit of Rs.1.5 lakhs each for a period of 5 years in a bank of their choice under intimation to this Tribunal. It was further directed that if the payment was not made within 2 months from today, 9% interest per annum shall be awarded from the date of Award.

(3.) Facts of the case before the Claims Tribunal in brief was that the applicants, while traveling Tr. No. 619 Gomoh-Chopan passenger on 09.11.2005, lost their two months child when the said train collided with a goods train causing the death of the child. As such, the claimants claimed compensation to the tune of Rs.4.00 lakhs. The claimants had already received Rs.1.00 lakhs by way of ex-gratia amount. After filing of the claim application, the Railways filed their written statements. After hearing the parties and upon perusal of the records, the learned Tribunal formulated the following issues for proper adjudication of the case:-