The Tribunal does not have the authority to reduce the compensation amount if the death occurred in the accident, as per the provisions of the Railway Accident and Untoward Incident (Compensation) Rules, 1990.

Dhrub Narayan Upadhyay, J.

1. This appeal has been preferred against the judgment dated 13th August, 2012, passed by learned Railway Claims Tribunal, Ranchi Bench in Case Nos. OA (IIU) RNC/2007/0060 (Old No. OU-70060/07) whereby the claimant who happens to be husband of the deceased has been allowed Rs. 2 lacs as compensation in lieu of the death of Shanti Devi. The brief facts are that Shanti Devi, having second class ticket, boarded in Hatia Patna Patliputra Express at Ranchi on 12th February, 2007. On the next morning while the train was approaching Rajendra Nagar Station, due to jerk and jolt Shanti Devi fell down and died at the spot.

2. It is submitted that the Tribunal has accepted that Shanti Devi was travelling in the train with a valid ticket and she met with an accident near Rajendra Nagar Railway Station. The learned Tribunal, instead of allowing Rs. 4 lacs as compensation, has allowed only Rs. 2 lacs and the reason assigned is not tenable in the eye of law. The Tribunal has no right to reduce the compensation amount if the death of deceased occurred in the accident. The finding of the Tribunal is incorrect that the deceased himself was negligent and due to her fault she fell down. The learned Counsel has further pointed out that interest from the date of filing has not been given by the learned Tribunal.

3. The Counsel appearing for the respondent has opposed the argument.

4. I have gone through the impugned judgment and relevant provisions of law. It is very clear in Part I of Schedule under Rule 3 of the Railway Accident and Untoward Incident (Compensation) Rules, 1990 that in case of death a sum of Rs. 4 lacs is to be paid to the claimant. The Tribunal has not been given authority to reduce the amount, if it is held that the death has occurred and covered under the provision of Clause (c) of Section 123 of the Railway Act, 1989.

5. In the circumstances, the impugned judgment and award is modified to the extent that the claimant shall be paid Rs. 2 lacs more with interest @ 9% from the date of filing of the claim application which will be calculated on the total sum of Rs. 4 lacs. Accordingly, this appeal stands allowed.