The Union of India (Uoi) Vs. Ram Lakhan Singh - Court Judgment

Excerpt:
railway claims tribunal act, 1987 - section 23 - train accident claim--awarding of compensation to deceased--quantum of compensation--determination of--provisions of railway compensation rules 1990--applicability of--since the accident occurred before the rule came into force, held provisions of the rules in applicable--awarding of two lakhs compensation to deceased who was 18 years old boy--not justified--since the deceased was a bona fide passenger--awarding compensation by way of exgratia payment to a sum of rs. 1 lakh--not illegal. - gurusharan sharma, j.1. in a train accident, on 16.4.1990, one dharambir kumar an 18 years old boy died. the sole respondent filed claim application under the indian railways act, 1989 before the railway claims tribunal, patna bench.2. the tribunal rejected the same on 15.12.1990, holding that the claimant was not dependent. he filed misc. appeal no. 27 of 1991 under section 23 of the railways claims tribunal act, 1987 before this court, wherein the tribunal's order was quashed and the matter was remitted back to it for fresh consideration. this time by the impugned order dated 15.1.1997, the tribunal directed the railways to pay rs. 2 lakhs to ram lakhan singh, gulabo devi, master master ranbir kumar and leela kumari, the father mother brother and sister of the deceased.3. mr. bose.....

Judgment:

Gurusharan Sharma, J.

1. In a train accident, on 16.4.1990, one Dharambir Kumar an 18 years old boy died. The sole respondent filed claim application under the Indian Railways Act, 1989 before the Railway Claims Tribunal, Patna Bench.

2. The tribunal rejected the same on 15.12.1990, holding that the claimant was not dependent. He filed Misc. Appeal No. 27 of 1991 under Section 23 of the Railways Claims Tribunal Act, 1987 before this court, wherein the tribunal's order was quashed and the matter was remitted back to it for fresh consideration. This time by the impugned order dated 15.1.1997, the tribunal directed the Railways to pay Rs. 2 lakhs to Ram Lakhan Singh, Gulabo Devi, Master Master Ranbir Kumar and Leela Kumari, the father mother brother and sister of the deceased.

3. Mr. Bose Counsel for the appellant submitted that at any rate the respondent and other members of the deceased's family were not entitled to more than Rs. 1 lakh as provided under the then existing Rules and the Railway Compensation Rules, 1990, which came into force with effect from 7.6.1990 i.e., after the date of the present accident was not applicable, whereby the rate of compensation in case of death of a bona fide passenger in a train accident was enhanced from Rs. 1 lakh to 2 lakhs.

4. I find force in the aforesaid submission and, accordingly, modify the impugned order and direct that the sole respondent, including other members of the family of the deceased shall get a sum of Rs. 1 lakh only in place of Rs. 2 lakhs granted by the tribunal.

5. It further appears that the Ministry of Railways Government of India (The Railway Board) had issued a letter dated 4.5.1990 to the effect that in respect of the accidents occurred on 1.4.1990 and onward till the 1990 Rules came into force. Besides the over and above the amount of compensation granted by the tribunal, the dependents of the deceased bona fide passenger shall be paid the equal amount by the Ministry of Railways directly by way of ex gratia payment. The sale respondent is at liberty to approach the concerned authority for the said ex gratia payment, if any.

6. This appeal is, accordingly, disposed of with the aforesaid modification in the impugned order.