Tunu Choudhary Vs. Union of India (Uoi) - Court Judgment

Excerpt:
workmen's compensation act, 1923 - sections 2(1)(d), (iii)(b)--railway claims tribunal act, 1987--section 23--compensation--train accident--claims for death of six year old girl--post mortem report and death certificate not produced--deceased had no personnel earning--denial of any compensation by the tribunal held--not justified and not illegal. - gurusharan sharma, j.1. this appeal under section 23 of the railway claims tribunal act, 1987 has been preferred by the claimant-appellant against the order dated july 31, 1991 of the railway claims tribunal, patna, dismissing the claim application of the claimant-appellant.2. on june 25, 1990, tunu choudhary, the claimant, a resident of mohalla-balwatikar, police station of daltanganj, district-palamau alongwith his wife malti devi and three minor daughters, namely, asha kumar, nilam kumari and jyoti kumar boarded 1 up gaya-garhwa-road-chuna passenger train at gomia railway station. the said ill-fated train met an accident at mangra railway station, resulting into the death of one of the daughters, namely jyoti kumari alias rinki kumari.3. the appellant filed claim petition under.....

Judgment:

Gurusharan Sharma, J.

1. This appeal under Section 23 of the Railway Claims Tribunal Act, 1987 has been preferred by the claimant-appellant against the order dated July 31, 1991 of the Railway Claims Tribunal, Patna, dismissing the claim application of the claimant-appellant.

2. On June 25, 1990, Tunu Choudhary, the claimant, a resident of Mohalla-Balwatikar, Police Station of Daltanganj, District-Palamau alongwith his wife Malti Devi and three minor daughters, namely, Asha Kumar, Nilam Kumari and Jyoti Kumar boarded 1 Up Gaya-Garhwa-Road-Chuna Passenger train at Gomia railway station. The said ill-fated train met an accident at Mangra railway station, resulting into the death of one of the daughters, namely Jyoti Kumari alias Rinki Kumari.

3. The appellant filed claim petition under Section 82A of the Indian Railways Act, 1890 for compensation for the death of his minor daughter Jyoti Kumari alias Rinki Kumari in the said accident.

4. The railway administration in reply neither admitted death of Jyoti in the accident in question nor her to be a bona fide passenger.

5. No evidence regarding death of the aforesaid daughter of the claimant was brought on record on his behalf. Even the post-mortem examination report held on the dead body of deceased Jyoti Kumari alias Rinki Kumari was not produced. Her death certificate was also not filed.

6. Admittedly the deceased daughter of the claimant was six years old. Her parents were not dependent on her earnings either wholly or even in part.

7. The provision of Section 2(1)(d)(iii)(b) of the Workmen's Compensation Act was made applicable for compensation in the matter of railway accident under the Indian Railways Act, 1939, which was applicable on the date of the accident in question.

8. Admittedly, neither the deceased had any personal earning nor there was any occasion for the claimant not be dependent on her earnings.

9. The claimant-appellant was, therefore, rightly held by the Tribunal not entitled to any compensation of his six years old daughter's death if any, in the accident concerned.

10. This appeal is also covered by the decision of this Court in M.A. Nos. 64 and 67 of 1991, disposed of on September 17, 1997.

11. In the result the Appeal fails and is dismissed, but without cost.