31 FeAeOe Noe 6277 of 2010 lO6MI0 Premo Devi Vse The Union of Indiae 1 Presentl Mr Rahul Deswal Advocate for Mr Surender Deswal Advocate for the appellant 1 C Mohinder Pale Ja 1 I C49 The mother of Sandeep Kumar ieceasedl I who travelled on railway ticket which was valid from et Z 192002 to 18102002 for journey between Ganaur and Panipatand died in railway accident on 7102002 IS aggrieved 1 the awardlorder dated 992010 passedby the Railway I Bench hereinafter referred to as the ClaimsTribunal K TribunalJ whereby a sum of RsA000001 along with interest at Ct the rate of 6 per cent per annum from the date of filing of the CO claimpetition till the date of the award and further interest at e Z the rate of 9 per cent per annum from the date of the award till Clm realizationhas been awarded to the appellant However whole of the amount payable to to the appellant has been ordered to be kept in a Fixed Deposit Ill her favour in some NationalizedBank for a period of two years with Iiberty to her to withdraw quarterlyinterest thereon In this appeal the appellant has soughttncreasein the amount of compensation It stands proved on record from the statement of Narinder Kumar 4Wl1 a copassengerof the SandeepKumar deceased that SandeepKumar had died while travelling Rani Anita 2013.04.19 23:41 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document 32 2 FeAeOeNoe 6277 of 2010 l08M1 from Ganaur to Panipat when he accidentallyfell down from the train due to heavyjerk and joit between Samalkha and Diwana RailwayStations There is no reason to disbelieve the statement of 1 NarinderKumar 64W 11 Besides inquest proceedingsin this case had been initiated on the basis of memo issued by the Station MEer r of RaiiwayStation Samaikha to the GRP to the effect that as I reportedby RamphalKeyman one dead bodywas Iying in UP Line C5 between Samalkha and Diwana RailwayStations The autopsy on I the dead bodyofSandeep Kumar was conducted after a detailed Z by the concerned Station House Officer that 2 SandeepKumar had died in a railwayaccident However so far as I paymentof compensationIll the case of death or injuryto a railway C in the course of a railwayaccident or untoward incident IS concerned the same IS governedby the RailwayAccidents rio and Untoward Incidents CompensationlRules 1990 as amended in se Z 1997 These Rules provide asum of Rs4000001 as compensation on account of the death of a railwaypassenger So the Tribunal ll has rightly awarded the compensationto the extent indicated above However Slnce the appellant IS a widow and would require money for her needs it is directed that 50 per cent of the amount of compensation which has alreadybeen depositedand kept in fixed depositfor a period of two years shall be disbursed to the appellantafter gettingthe fixed deposit in question preematurely encashed The remainingamount be thereafter kept invested for the period as originallydirected by the Tribunal The impugned award givenby the Tribunal is modiOed to Rani Anita 2013.04.19 23:41 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document 33 3 FA0 No 6277 of 2010 lOSM10 the extent indicated above This appealstands disposedof accordingly June 2011 PALI 1 ak JUDGE t I 0 I Z 0 I t3 23 r zm Z 1 r Rani Anita 2013.04.19 23:41 True Scanned Copy Of The Original PHHC,Chandigarh JOYTI RANI 2016.03.28 15:56 I attest to the accuracy and integrity of this document