The Union of India vs Smt. Geeta @ Sangeeta and Others

R.K. Deshpande, J.—Heard finally by consent of the learned Counsels appearing for the parties. The challenge in this Appeal is to the Judgment and order dated 21102008 passed by the Railway Claims Tribunal, Nagpur Bench in Claim Application No. 70/OAII/RCT/NGP/2007. The Tribunal has held that the respondent-claimant is entitled to compensation of Rs. 4 lakh along with interest @ Rs. 6% per annum thereon till the final payment. The further order is passed by the Tribunal regarding investment of the amount in fixed deposit.

The question involved in the present case is whether the passenger by name Vinod Bhurewar died because of self inflicted injuries and was covered by the proviso to section 124-A of the Railways Act, 1989 [for short the said Act''].

In the case of Union of India (UOI) Vs. Prabhakaran Vijaya Kumar and Others, , the apex Court has held that it will not make any difference whether the deceased was actually inside the train or she was trying to get into the train when she fell down. The controversy is covered by the decision of the apex Court. In the present case, the Tribunal has recorded the finding that the deceased was a bona fide passenger carrying with him a ticket and there is no sufficient evidence to show that the case is covered by Exceptions of Section 124-A of the said Act. The Tribunal has held that the passenger died in an untoward incident in terms of Section 123(c) of the said Act. In view of all these findings, it is not disputed that the respondent claimant was entitled to compensation of Rs. 4 lakh in terms of Part-I of the Schedule attached to Rule 3 of the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990. The appeal is, therefore, dismissed.

It is informed that the entire amount is deposited by the appellant in this Court. In view of this, the said amount shall be governed as per the order passed by the Tribunal on 21-10-2008. No order as to costs.