The compensation amount has to be determined according to the Rules prescribed at the time of making the order for payment of the compensation.

C.M. Appl. 8848/2013

1. Dismissed as not pressed.

C.M. Appl. 16668/2014

2. The application for amendment of application for condonation of delay application is allowed.

3. Application is disposed of.

C.M. Appl. 16669/2014

4. The appellants are seeking condonation of delay of 804 days in filing the appeal on the ground that appellant no.1 is an illiterate and poor lady; she lost her husband in the train accident; her father-in-law was pursuing the case before the Claims Tribunal; her father-in-law expired, whereupon her mother-in-law threw her out from the matrimonial home and she is residing with her father who is also handicapped; she was working as a maid servant to make both ends meet; her cousin came from abroad on 02nd May, 2013 and felt pity over her and made enquiries from the Claims Tribunal and thereafter, helped her in filing the appeal.

5. Considering the extreme poverty and illiteracy of the appellants, the application is allowed and the delay in filing the appeal is condoned subject to the condition that the appellants would not be entitled to interest for the delayed period of 804 days.

FAO 242/2013

6. The appellants have challenged the impugned order whereby the Railway Claims Tribunal has dismissed the appellants’ application for compensation.

7. Appellant No.1 is widow, appellant No.2 is the minor son and respondent No.2 is the mother of late Sameer Saifi. On 25th November, 2009, the dead body of late Sameer Saifi was found on platform No.4 of Shahdara Railway Station with injuries on the head and face. The Railway Police recovered Rs.100/- cash, a telephone diary and ticket No.42028922 from the purse of the deceased. The Railway Police called Shahabuddin on phone No.9211579131 from telephone diary recovered from the body of the deceased whereupon Shamsheer, younger brother of deceased, and Shahbuddin, father-in-law of the deceased went to the spot and identified the body of Sameer Saifi, son of Nawab Ali, aged 22 years, resident of 262, Giri Market, Loni, Ghaziabad. The police initiated the proceedings under Section 174 Cr.P.C. and sent the body for post-mortem. The Railway Security conducted an investigation and recorded in its report that the deceased fell down while getting down from a moving train.

8. Learned Tribunal dismissed the claim petition holding that the deceased was run over by EMU-GD-5 Train and was not a victim of an untoward incident.

9. Learned counsel for the appellant urged at the time of the hearing that the incident in question is an untoward incident which is clear from the report of the Railway Security.

10. Learned counsels for the respondent No.1 have produced the original record which contains the report of the Railway Security which clearly records that the deceased fell down from the train while getting down on the platform. In that view of the matter, the incident in question is clearly an untoward incident within the meaning of Section 123 and 124A of the Railways Act.

11. The next question arises for consideration is whether the appellant is entitled to Rs.4 lakh as per the original claim before the Railways Claims Tirbunal or Rs.8 lakhs as per the Railway Accidents and Untoward Incidents (Compensation) Amendment Rules, 2016

12. The Railway Accident (Compensation) Rules, 1990 has been amended by Railway Accidents and Untoward Incidents (Compensation) Amendment Rules, 2016 w.e.f. 01st January, 2017. By the said amendment, the compensation for death has been enhanced from Rs.4 lakhs to Rs.8 lakhs.

13. In Rathi Menon v. Union of India, (2001) 3 SCC 714, Rathi Menon, a Commerce graduate of 22 years, secured a job in Bangalore and was called for an interview at Trichur. On her way back to Bangalore on 3rd September, 1999, she boarded the Island Express (bound for Bangalore) at 8.00 P.M. from Palakkad Railway Station. After the train started moving and when it collected momentum, her ill-luck prompted her to have a face wash for which she moved to the wash basin situated next to the door o