The liability for compensation rests on Union of India, and the impleading of the General Manager does not affect the claimant's entitlement to interest from the initial date of filing the claim petition.

Judgment:

Sanjay Yadav, J.

1. Heard. With consent of learned Counsel for the parties, matter is finally heard.

2. The appeal under Section 23 of the Railways Claims Tribunal Act, 1987 at the instance of claimants, is directed against the award dated 13-3-2014 passed by Railways Claims Tribunal, Bhopal Bench, Bhopal.

3. The challenge is confined to grant of interest on compensation awarded, which is restricted from 17-6-2013 and not from the date of institution of claim.

4. The facts that Narayan Singh while travelling from Bhawani Mandi to Vikramgarh Alot by Local Train No. 256 Up Mathura-Ratlam Local Train, holding a second class journey ticket on 3-8-2009 succumbed to the injuries sustained when he fell down from the train due to heavy rush and push at Suvasara Railway Station and that the claimants are his legal heirs and that the death occurred due to untoward incident, are not in dispute.

5. It is also noticed from the claim petition that Union of India, through General Manager, Western Railway, Churchgate, Mumbai was impleaded as respondent, who had filed the counter reply duly verified by Deputy Chief Commercial Manager (FM). No objection as to misjoinder of party is shown to have been taken by the respondent. Later on, it appears that General Manager, West Central Railway was substituted in place of General Manager, Western Railway. It is this change, which has led the Tribunal to confine the interest from 17-6-2013.

6. Apparently, the claim for compensation is against Union of India, which is to be sued through General Manager of the Zonal Authority within which the cause of action has accrued. The General Manager of the Zonal Authority is as good as other servants of the Railways (please see : Ranjeet Mal v. General Manager, Northern Railway, New Delhi, AIR 1977 SC 1701) and is not personally liable for the act of other servant or for the loss occasioned due to working of the Railways. The liability rests on Union of India. It is also to be borne in mind that a common man is not aware of territorial boundaries of Zonal Railways. Therefore, while impleading Union of India as a respondent through General Manager of the Zonal Railway, a substitution is carved at later stage by impleading General Manager, a claimant, who is held entitled for damages cannot be deprived of the interest from the initial date of filing of claim petition.

7. In view whereof, Railways Claims Tribunal, in the considered opinion of this Court, committed error in confining the interest w.e.f. 17-6-2013 on a finding that the General Manager, West Central Railway was impleaded on 17-6-2013.

8. Having thus considered, the judgment dated 13-3-2014 is modified to the extent that the claimants would entitle for interest as awarded from the date of claim petition filed before the Tribunal. The appeal is allowed to the extent above. No costs.