Claimants appealed against Railway Claims Tribunal award granting Rs.2,00,000 without interest for a death in a 1997 untoward incident at Kurukshetra station. Relying on Union of India v Rina Devi, court enhanced compensation to Rs.4,00,000 with 9% interest.
Enhanced compensation of Rs.4,00,000 with 9% interest directed to be paid to claimants.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[125.20] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO-2742-1999 (O&M) Reserved on 30.08.2024
Pronounced on 29.11.2024
Kanta Bashambu and others …Appellants
versus
Union of India ….Respondent Coram : HON’BLE MR. JUSTICE PANKAJ JAIN
Present: Mr. R.K. Bashamboo, Advocate for the appellants.
Mr. Aditya Dassaur, Advocate for respondent No.1-UOI.
PANKAJ JAIN, J. (ORAL)
[1] This is an appeal against the order passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh dated: 04.03.1999 seeking enhancement of the compensation awarded by the Tribunal.
[2] The claimants filed an application seeking compensation of Rs.10,00,000/- on account of untoward incident of the deceased on 26.07.1997. The pleaded facts of the case are that on 26.07.1997, the deceased was in the process of entering the bogie when suddenly, the driver of the train started the train without giving any whistle at the Kurukshetra Railway Station and because of it the deceased fell and got crushed under the train no.4647.
[3] The claim petition was contested by the Railways. They denied that the deceased was a bonafide passenger and that he died in an untoward incident. The Tribunal decided the issues in favour of the claimants. RAJNEESH SHARMA Compensation of Rs 2,00,000/- was awarded. 2025.03.20 11:06 I attest to the accuracy and integrity of this document
FAO-2742-1999 (O&M) -2-
[4] Counsel for the appellant/claimant contends that the tribunal erred in awarding compensation of Rs.2,00,000/-. No interest was granted. The same being in the teeth of law laid down by ‘ Union of India vs Rina Devi’, 2019 (3) SCC 572 can not be sustained.
[5] I have heard both the parties and carefully gone through the records of the case.
[6] The accident relates to the year 1997. Hence, the appeal is allowed . The railways are directed to pay the claimants enhanced compensation amount of Rs.4,00,000/- in terms of the Railway Accident and untoward Incident Rules, along with Interest @ 9%.
(PANKAJ JAIN) JUDGE 29.11.2024 ‘R. Sharma' Whether speaking/ reasoned : Yes/No Whether reportable : Yes/No
RAJNEESH SHARMA 2025.03.20 11:06 I attest to the accuracy and integrity of this document
1 issue framed by the court
Was the Tribunal's compensation of Rs.2,00,000/- for the deceased's death in a 1997 train untoward incident inadequate and required enhancement?
Colour shows how this judgement treated each authority
Union of India vs Rina DeviRelied on
2019 (3) SCC 572 · Who else cites this
1 provisions across 1 enactments
Kanta Bashambu and others
Union of India
Pankaj Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
