G.C.BHARUKA, MOHAMED ANWAR
D. B. AVALAKKI – Appellant
Versus
UNION OF INDIA – Respondent
( 2 ) ). The Tribunal, on the basis of the material placed before it, has found that the deceased, who was travelling from Belgaum to Mysore by Kuttur Express, had died because of derailment of the said train on 16-11-1988. Accordingly, the Tribunal has awarded Rs. 1,00,000/- as compensation but without ordering for payment of any interest. The amount has been quantified as per the provisions contained in Section 82-A of the Indian Railways Act, 1890 (in short the 'old Act') and the Rules framed thereunder.
( 3 ) ACCORDING to the appellants, the Tribunal has erred in awarding only Rs. 1,00,000/- as compensation since during the pendency of the proceedings before it, the amount of compensation to be awarded in case of death has been raised to Rs. 4,00,000/- in view of the amendment to the Rules and therefore th
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