BANK OF BARODA Vs. GITABEN BALDEVBHAI RAVAL

JUDGEMENT

(1.) This is an appeal by the Eastern Railway against the decision of the Forum directing it to pay a compensation of Rs.2,000/- to the complainant, Rakhal Chandra Bhattacharjee, since deceased. The present respondents are the sons of the said Rakhal Chandra Bhattacharjee. During hearing they do not appear despite notice. Learned Counsel for the appellant submits that the Forum was not justified in awarding compensation in view of the specific finding to the effect that there was no negligence on the part of the Railway Administration. We have gone through judgment and notice that the Forum has come to the conclusion that there was no deficiency in service on the part of the Railway Administration. So we have no hesitation to hold that the Forum was not justified to direct payment of compensation by the railways to the complainant.

(2.) The Forum has ordered payment of full refund of the fare without any cancellation charge. It is submitted on behalf of the appellant that the prayer for refund of railway fare falls within the exclusive jurisdiction of the Railway Claims Tribunal. However, on humanitarian ground the Railways decided to comply with the order without deducting any cancellation charge. In view of the circumstances we allow the appeal and set aside the impugned judgment excepting the portion related to the refund of railway fare.