- (1.) Union of India through General Manager, Northern Railway, Baroda House, New Delhi has preferred this appeal under Section 23 of the Railway Claims Tribunal Act, 1987 in challenge to award dated 28th April, 2017 rendered by Railway Claims Tribunal, Lucknow Bench, Lucknow. The claim application of the respondent claimants has been allowed. The Northern Railway has been directed to pay Rs.8,00,000/-(eight lacs) as compensation in apportionment amongst the widow of the deceased, two daughters and two sons, for the death of Ashok Kumar Singh. It has further been provided that the awarded amount would carry simple interest at the rate of 6% per annum from the date of filing claim application till the date of award.
(2.) Learned counsel for the appellant has raised a legal issue, viz the accident took place on 8.6.2010. As on 8.6.2010, the amount payable for death as per Rule 3 of The Railway Accidents and Untoward Incidents (Compensation) Rules, 1990 (for short, 'the Compensation Rules 1990') and the Schedule drawn under the said Rules was Rs.4,00,000/-(four lacs). A sum of Rs.8,00,000/- (eight lacs) has been awarded for the death of Ashok Kumar Singh in terms of amendment which came into effect from 1.1.2017. It has been pleaded on behalf of Northern Railway that compensation has to be assessed under Section 124A of The Railways Act, 1989 (for short, "Railways Act") in relation to the date of the incident, and not date of consideration/award. The question of law that arises for consideration is whether the Railway Accident and Untoward Incident (compensation) Amendment Rules 2016 which came into effect from 1.1.2017 can be made applicable for death or injury sustained before that date? Learned counsel has also challenged the finding recorded by the Tribunal to the effect that Ashok Kumar Singh was a passenger on the train. It has been pleaded that Ashok Kumar Singh was walking along the railway track when he was hit by the rail, therefore, 'untoward incident' did not occur in the course of 'working of a Railway'. The case would not be covered under the provisions of Section 124A of the Railways Act.
(3.) The appellant, along with memorandum of appeal, has brought on record the claim application filed before the Tribunal, the written statement purportedly filed on behalf of Railways, the affidavits and other evidences led before the Tribunal. Learned counsel for the appellant and learned counsel for the respondents pray that the appeal be heard, considered in context of the documents filed which are not controverted, and disposed of.;