The main legal point established in the judgment is the entitlement to compensation exceeding the prescribed amount and the applicability of a subsequent notification enhancing the compensation. The court clarified the legal position and directed the Railway authorities to pay the enhanced compensation amount.

JUDGMENT

B.N. Mahapatra, J.

1. This Appeal has been directed against the Order dated 28.08.1997 passed by the Member (Judicial), R.C.T., Ghajiabad Bench at Bhubaneswar in T.A. No.46/96 arising out of O.A. No.9600021/RCT(Bombay) wherein there was difference of opinion on certain points between Member (J) and Member (T). In this Appeal, the prayer of the appellant-claimant is to enhance the amount of compensation from Rs.2,00,000/-to Rs.5,00,000/-and also to give appointment to the sister of the deceased, who is a Matriculate.

2. Bereft of unnecessary details, the facts and circumstances giving rise to the present Appeal are that the appellant is the father of the deceased-Swarup Kumar Jena, who passed High School Certificate Examination in the year 1993 in First Division and thereafter completed I.T.I. Course in Diesel Mechanic Trade in 1994. According to the claimant/appellant, the deceased could not prosecute his study because of distressed financial condition of the family. He was assisting the family till 1996 by imparting tuition. He was the only breadwinner of the family. Further case of the claimant is that late Swarup Kumar Jena was selected for the post of Assistant Operator by Gujarat Prakash Industries Ltd. in the interview held at Balasore and was directed to report at Surat on 10.06.1996. Pursuant to the said order/direction, the deceased along with his two friends, namely, Manoj Kumar Das and Badal Chandra Das was traveling towards Surat from Balasore Railway Station on 08.06.1996. All the three persons purchased their tickets up to Surat from Balasore railway station and all of them boarded Bhadrak-Kharagpur local train at 5.45 P.M. on 08.06.1996 and reached Kharagpur at 10.45 P.M. Then they boarded the Howarah-Ahmadabad Express in general compartment. While travelling in the train due to sudden brake of the train with a sound and some jerk in the train the deceased fell down from the train losing his balance; other passengers shouted that a passenger fell down and on verification Badal and Manoj found that Swarup had fallen, they could not pull-chain as there was no light and there was heavy rush. After the train arrived at Akola, the next stoppage, both Badal and Manoj reported the train-guard about falling of Swarup from the train. Again the matter was reported in the Surat railway station so also the Government Railway Police of Surat, who assured to make an enquiry. Soon after receiving information from Manoj, father of the deceased went to the place of accident and contacted the G.R.P. of Akola to get dead-body of his son. But before his arrival, the G.R.P. disposed of the dead-body. Being advised by the G.R.P., Akola, father of the deceased contacted Bargaon Mangu Police Station to identify the photograph of the deceased. The Circle Inspector of Police gave him the photograph and also Xerox copy of the post mortem report. The appellant found other articles seized by Police including ticket but could not find the luggage mentioned in the application. The appellant also got the Xerox copy of the Police report in G.R. No.29/96. According to the appellant, on the date of accident, his son, the deceased was going to join his service in Surat; his salary would have been Rs.3,500/-per month. He was the only breadwinner of the parents as well as the sister; thus all of them were dependants on the deceased. With these averments the appellant filed claim application for compensation of Rs.5,00,000/-.

3. Learned Tribunal awarded compensation of Rs.2,00,000/-against the claim of Rs.5,00,000/-. The Tribunal was comprised of two members, i.e., one technical member and the other judicial member.

The observations of Member, Technical are as follows:-

(i) The deceased was a passenger;

(ii) The Railway is liable to pay compensation;

(iii) Compensation of two lakhs rupees granted is to be shared equally by the parents;

(iv) In case of delay the Railway is to pay interest @12% per annum and cost of Rs.5,000/-;

The observations