Mira Devi Vs. Union of India (Uoi) and anr. - Court Judgment

Excerpt:
railway accident (compensation) rules, 1990 - rule 3--railways act--section 2--railway accident--compensation--valid passenger--railway claim tribunal granted compensation of rs. 2 lakhs to the applicant for the death of her husband and rs. 1 lakh for the death of her body of six months old--appeal filed against compensation of baby of six months--because rule was not followed--since said baby, who was travelling with her parents, exempted from ticket--held, could be presumed as valid passenger--held, railways shall pay compensation of rs. 2 lakh to the claimant for the death of baby as well. - - 2,00,000 to the claimant for the death of her baby as well. s.n. pathak, j.1. this miscellaneous appeal is directed against the order dated 15.12.1995 passed by the railway claims tribunal granting compensation amount of rs. 2,00,000 to the applicant of the claim case for the death of her husband and rs. 1,00,000 for the death of her baby six months old.2. however, this appeal has been filed against the order granting compensation amount of rs. 1,00,000 to the baby of the applicant. the railway accidents (compensation) rules, 1990, rule 3 read with schedule, part i, indicates that amount of compensation to be awarded to any claimant for the death of any passenger, i.e., rs. 2,00,000 whatever be the age of the deceased. admittedly, the impugned order itself shows that the husband and six months old daughter of the claimant died in a railway.....

Judgment:

S.N. Pathak, J.

1. This miscellaneous appeal is directed against the order dated 15.12.1995 passed by the Railway Claims Tribunal granting compensation amount of Rs. 2,00,000 to the applicant of the claim case for the death of her husband and Rs. 1,00,000 for the death of her baby six months old.

2. However, this appeal has been filed against the order granting compensation amount of Rs. 1,00,000 to the baby of the applicant. The Railway Accidents (Compensation) Rules, 1990, Rule 3 read with Schedule, Part I, indicates that amount of compensation to be awarded to any claimant for the death of any passenger, i.e., Rs. 2,00,000 whatever be the age of the deceased. Admittedly, the impugned order itself shows that the husband and six months old daughter of the claimant died in a railway accident on the relevant date and time when the deceased were travelling in a railway train. The Claims Tribunal has awarded Rs. 1,00,000 for the death of the claimant's baby just on compassionate ground without taking into consideration the Rules and the Schedule, which the Tribunal itself in its order dated 15.12.1995 has mentioned. During the course of hearing respondent's lawyer had referred to the definition of 'passenger' as laid down under Section 2, Railways Act. Of course, a passenger is a person who travels on a valid ticket or pass, but there can be no dispute that a baby of six months old and even above is exempted from purchasing any ticket. So, simply because of travelling without ticket, she cannot be deemed to be not a passenger because when she is exempted from purchasing ticket, it would be deemed that she was travelling as a valid passenger. So, the claimant's daughter was also very much a passenger. So, the amount of compensation granted to the claimant for the death of her baby was against the rules.

3. So, there is no alternative but to allow this appeal in part and modify the impugned order dated 15.12.1995. So for the payment of compensation for the death of baby is concerned.

4. Accordingly, this appeal is allowed in part and the impugned award is modified and it is directed that the Railways shall pay compensation of Rs. 2,00,000 to the claimant for the death of her baby as well.