Basant, J.

(i) Is the right under S.124A of the Railways Act one that is personal to the one on whom the right vests and consequently not heritable?

(ii) Cannot the sole legal heir of a decree holder step into his shoes after his death and claim recovery of the amount that has fallen due under Section 124A and which remains unpaid?

These questions are raised for consideration in this appeal.

2. A brief reference to facts may be necessary to ascertain the precise dispute. Sreekumar - the victim, a bachelor succumbed to injury suffered by him in an untoward accident on 27.6.2008. He left behind as his kin, his father, mother and one brother. His father as one of the dependents claimed amounts under Section 124A of the Railways Act before the Railway Claims Tribunal. The claim was allowed vide order dated 24.2.2010. Prior to that, the mother of Sreekumar, the only other dependent, had expired on 6.4.2009.

3. The claimant, father of Sreekumar also expired on 9.4.2010. The amount due under the order dated 24.2.2010 had not been paid to the deceased claimant prior to his death. In these circumstances, the appellant herein, the only legal heir of his deceased father, (admitted