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2019 DIGILAW 1056 (JHR)

Mohinder Kaur v. Union of India

2019-05-15

S.N.PATHAK

body2019
JUDGMENT : 1. This Appeal has been preferred against the order/award dated 07.05.2015, passed by learned Member (Technical), Railway Claims Tribunal, Ranchi Bench, Ranchi in Case No. OA(IIU)/RNC/2009/0026, Old No. OA (IIU)-9026/09 and check list No.2903090003, whereby and whereunder, learned Tribunal by allowing the case of the appellants directed the Railway Authorities to pay Rs. lacs as compensation within a period of 90 days of submitting the account particulars to the Railway and if the amount is not paid within 90 days, thereafter interest will be paid @ 9 % per annum simple till the date of actual payment. 2. The facts of the case lies in a narrow compass. On 09.06.2008, applicant Mohinder Kaur along with her husband Harminder Singh Kohli and two children were travelling in 308 A Ranchi-Tata EMU with general class ticket No. 46895038 ex-Ranchi to Tatanagar. At about 20:00 hrs, when the train reached Sill station, the applicant’s husband and daughter got down from the train as the daughter wanted to go to the toilet which was not available in the compartment of EMU Train. In the meantime, the train started running and the deceased while helping the daughter to board the train could not board the same and slipped causing injury in his right leg. The train did not stop in spite of several attempts made by pulling the chain. The applicant got down at the next station at Muri and immediately came back to Silli Station where she found the victim lying injured unattended. After sometime, the Sr.DMO/Muri arrived and after providing first aid, referred the victim to RIIMS/Ranchi. When he was brought by train to Ranchi, he died on the way. She has claimed compensation of Rs.24,16,400/- for herself, Sarabjeet Singh-minor Son and Jasmeet Kaur minor daughter. 3. The respondent – Railway filed written statement and evasive denial by putting the applicant to strict proof of the allegations made in the plaint. Further it has been mentioned that as per the information received from Chief Booking Supervisor/Ranchi, the ticket in question was issued on 08.06.2008 instead of 09.06.2008, which is different date from alleged incident. The victim had died due to his own negligence and there is no fault of the railways. Later, the DRM’s report based on the enquiry done under the Railways Passengers (Manners of Investigation of Untoward Incidents) Rules, 2003 has been filed. 4. The victim had died due to his own negligence and there is no fault of the railways. Later, the DRM’s report based on the enquiry done under the Railways Passengers (Manners of Investigation of Untoward Incidents) Rules, 2003 has been filed. 4. The learned Tribunal, after hearing the parties, framed following issues. (1) Whether Harminder Singh Kohli was a bonafide passengwer on 09.06.2008 of Ranchi Tata 308 A ? (2) Whether any untoward incident as defined in Section 123 (C) (2) of the Railways Act, 1989 has occurred with the victim ? (3) Whether the applicants are entitled to claim? (4) Relief, if any ? 5. After examining records of the case and hearing the parties, learned Tribunal decided the Issue No.1 in the favour of the applicants/appellants, holding therein that Harminder Singh Kohli-since deceased was travelling with the authority of ticket and was a bonafide passenger of above said train i.e. Ranchi Tata EMU. It was also decided by way of issue No.2 that deceased had an accidental fall from the train on 09.06.2008 at Silli Station (Ext. R1) and as such, it is not in dispute that deceased was a victim of an untoward incident within the meaning of Section 123 (c) (2) of the Railways (Amendment) Act, 1994 and decided the issue in favour of the claimants/appellants. Therefore, the learned Tribunal allowed the claim application without interest and cost and awarded Rs.4 lacs as compensation to the claimants/appellants and respondent-Railway was directed to pay the decretal amount of Rs.4,00,000/- (Rupees four lakhs) only to the applicants as well as other dependents of the deceased as per the terms and conditions stated in the award within a period of 90 days of submitting the account particulars to the Railways by claimants and if the amount is not paid within 90 days, thereafter interest will be paid at the rate of 9 % per annum simple till the date of actual payment. The correctness of the order dated 23.08.2013 has been assailed in the instant appeal. 6. Mr. Satish Kumar Kesari, learned counsel for the appellants has submitted that the claimants have been duly compensated by the Railway Claims Tribunal and his argument is limited only to the extent of interest. Learned counsel submits that learned Tribunal has committed manifest error in not granting any interest on the awarded compensation. 6. Mr. Satish Kumar Kesari, learned counsel for the appellants has submitted that the claimants have been duly compensated by the Railway Claims Tribunal and his argument is limited only to the extent of interest. Learned counsel submits that learned Tribunal has committed manifest error in not granting any interest on the awarded compensation. It is argued that in similar circumstances, the Hon’ble Supreme Court in Tahazhathe Purayil Sarabi and Others Vs. Union of India and Another; 2009 ACJ 2444 had held that interest should be paid from the date of accident or the date of application. Learned counsel draws the attention of the Court towards para 14 of the impugned Award and very fairly submits that learned Tribunal has taken care of the old Judgment and prevalent laws at that point of time but now the scenario has been changed and in view of the recent Judgment of the Hon’ble Apex, the claimants/appellants are entitled for interest on the decretal amount. 7. Per contra, Mr. Vijoy Kr. Sinha, learned counsel for the respondent/Railways has contended that the present appeal for non-payment of the interest on the awarded compensation by the Tribunal from the date of application/from the date of accident is not maintainable as the appellants have already received the compensation amount as awarded by the learned Tribunal. 8. Having heard the learned counsel for the parties and on perusal of records, it appears that the deceased was a bona-fide passenger and he died due to accidental fall which was an ‘untoward incident’ as defined under Section 123 (c) of the Railways Act, 1989 and this Court is in full agreement with the findings of learned Tribunal save and except with regard to the interest. Similar issue fell for consideration before this Court and vide order dated 19.11.2015, a co-ordinate Bench of this Court in MA No. 165 of 2015 has decided the issue in favour of the appellant and interest @ 9 % per annum from the date of filing of claim application till final payment has been awarded. The Hon’ble Apex Court in the case of Union of India Vs. Rina Devi reported in 2018(2) JBCJ 478 (SC) has held that interest can be awarded from the date of accident and not from the date of application. Relevant para-18 of the said Judgment is reproduced hereunder: “18. The Hon’ble Apex Court in the case of Union of India Vs. Rina Devi reported in 2018(2) JBCJ 478 (SC) has held that interest can be awarded from the date of accident and not from the date of application. Relevant para-18 of the said Judgment is reproduced hereunder: “18. As already observed, though this Court in Thazhathe Purayil Sarabi (supra) held that rate of interest has to be at the rate of 6% from the date of application till the date of the award and 9% thereafter and 9% rate of interest was awarded from the date of application in Mohamadi (supra), rate of interest has to be reasonable rate at par with accident claim cases. We are of the view that in absence of any specific statutory provision, interest can be awarded from the date of accident itself when the liability of the Railways arises upto the date of payment, without any difference in the stages. Legal position in this regard is at par with the cases of accident claims under the Motor Vehicles Act, 1988. Conflicting views stand resolved in this manner.” 9. In view of the aforesaid Judgments, the appellants are entitled for the simple interest @ 9 % per annum from the date of filing of the claim application till final payment. From perusal of the records, it appears that appellants/claimants have received the decretal amount on 17.09.2015 without interest. The respondent – Railway is directed to pay the interest amount which has accrued to the appellants within a period of two months from today. 10. With the modification of the judgment/order passed by the Tribunal, to the extent, as indicated above, this appeal stands allowed. Let the LCR be returned to the court concerned at the earliest.