Sidheshwar Prasad Lal Vs. Union of India (Uoi) - Court Judgment

Excerpt:
railway claims tribunal act, 1987 - railway claims tribunal rules 1990--rule 3--compensation--rail accident--claim of--claimant claimed compensation for the death of his wife and daughter who died in train accident--tribunal awarded rs. 2 lakh compensation for wife and rs. 50,000/- for daughter--compensation awarded daughter was challenged--amount of compensation for death of passenger is rs. 2 lakh--sechedule of rules 1990 not making any distinction between an adult person and a baby for compensation--held, award passed by tribunal for daughter is illegal and applicant would be entitled to compensation of rs. 2 lakh for daughter. - .....express 3151 up on 1.6.95, it met with an accident near kalubathan railway station. the claims tribunal awarded rs. 2,00,000 (rupees two lakh) as compensation for the death of prem lata lal, wife of the claimant and awarded a compensation of rs. 50,000 (rupees fifty thousand) only for the death of applicant's daughter sushmita lal who was just 8 months old baby. claimant had claimed rs. 4,00,000 (rupees two lakh each) for the two deceased. the tribunal could not advance any plea for awarding compensation of rs. 50,000 only for loss of applicant's daughter. schedule of the railway claims tribunal act, 1987 indicated that amount of compensation for the death of any passenger is rs. 2,00,000. rule 3 of the railway accidents (compensation) rules, 1990, in its schedule did not make any.....

Judgment:

Someshwar Nath Pathak, J.

1. This appeal is directed against the order dated 28.9.1995 passed by the Railway Claims Tribunal in Application Nos. D.A. 9500110 and D.A. 9500111. The claimant Sidheshwar Prasad Lal claimed compensation for the death of Prem Lata Lal and Sushmita Lal. When the two persons were travelling in Sealdha-Jammu Tawi Express 3151 Up on 1.6.95, it met with an accident near Kalubathan Railway Station. The Claims Tribunal awarded Rs. 2,00,000 (rupees two lakh) as compensation for the death of Prem Lata Lal, wife of the claimant and awarded a compensation of Rs. 50,000 (rupees fifty thousand) only for the death of applicant's daughter Sushmita Lal who was just 8 months old baby. Claimant had claimed Rs. 4,00,000 (rupees two lakh each) for the two deceased. The Tribunal could not advance any plea for awarding compensation of Rs. 50,000 only for loss of applicant's daughter. Schedule of the Railway Claims Tribunal Act, 1987 indicated that amount of compensation for the death of any passenger is Rs. 2,00,000. Rule 3 of the Railway Accidents (Compensation) Rules, 1990, in its Schedule did not make any distinction between the award of compensation to be granted to an adult person and a baby. So, the award of Rs. 50,000 for the death of a baby was a wrong award.

2. Therefore, there is no alternative but to set aside the award, so far grant of Rs. 50,000 to the claimant for the death of his daughter is concerned. The impugned award, regarding the same granted to the applicant for the death of his daughter Sushmita Lal is set aside and it is directed that applicant shall receive Rs. 2,00,000 (rupees two lakh) for the death of his daughter Sushmita Lal in the concerned rail accident.

3. In the result, this appeal is partly allowed, as indicated above.