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SANDEEP K. SHINDE
Shri. Kiran Damodar Paygode – Appellant
Versus
Union of India – Respondent
JUDGMENT
1. This Appeal under Section 23 of the Railway Claims Tribunal Act, 1987 (R.C.T. Act for short) questions the legality and correctness of order dated 18th July, 2014 passed by the Railway Claims Tribunal at Mumbai.
2. Brief reference to facts may be necessary to assess the precise case of the appellant.
. Damodar Ganpat Paygode died due to accidental falling from the train carrying passengers. His mother- Lakshmibai, wife-Indubai and two sons-Kiran Paygode and Santosh Paygode (appellants herein), all dependents within the meaning of Section 123(b) of the Railways Act, 1989 were granted compensation in the sum of Rs.4,00,000/-under Section 124A of the Railways Act, 1989 by the Railway Claims Tribunal, at Mumbai, vide order dated 16th March, 2009. It appears, compensation in the sum of Rs.1,54,994/- was awarded to, Indubai Damodar Paygode and Rs.1,00,000/- to Lakshmi Ganpat Paygode. However, before receiving the compensation, Lakshmibai and Indubai, both passed away on 2nd July, 2009 and 10th July, 2009. Record reveals, compensation amount, sent to Indubai and Lakshmibai by post was returned unclaimed, reporting recipients were dead. It is appellant's case that, due to inadvert
The legal representatives of a deceased party may apply within a specified period for being brought on record, and the Tribunal has the powers to execute its order as a decree in accordance with the ....
The liability of the railway administration to compensate for untoward incidents is strict and can be claimed by the legal representatives of a deceased dependent even after their demise.
The main legal point established in the judgment is that the legal representatives of a deceased passenger are entitled to continue the claim for compensation under the Railways Act, 1989, despite th....
Appellants' previous ex gratia payments do not bar claimants from seeking statutory compensation under the Railways Act.
The main legal point established in the judgment is the liberal construction of 'sufficient cause' for condonation of delay and the need to ensure substantive justice is not trumped by technicalities....
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