Bheda Baro and 2 Ors v. The Union of India

ORDER Date : 10 .05. 2024 Heard Mr. J. Mollah, learned counsel for the appellants and Ms. R. Devi, learned counsel for the respondent/ the Union of India. This is an appeal under Section 23 of the Railway Claims Tribunal Act, 1987. The appellants prays for modification of the order dated 07.04.2023, passed by the Railway Claims Tribunal, Guwahati in Original Claim Application No. O.A.II u-101/2022. The Tribunal awarded a compensation of Rs. 8,00,000/- alongwith interest of @ 9% per annum to Smti Bheda Baro and her two sons, Sri Kanteswar Baro and Sri Bwisar Baro. The Tribunal directed that out of the aforesaid amount of Rs. 8,00,000/-, Rs. 3,20,000/- to be given to Ms. Bheda Baro. Further, the Tribunal directed to pay Rs. 2,40,000/- each to her two sons out of the aforesaid amount of compensation Rs. 8,00,000/. Thereafter, the Tribunal passed a direction that out of the aforesaid amount given to Smti Bheda Baro, she will be kept an amount of Rs. 80,000/- only and remaining amount should be deposited in the fixed deposit. Similarly, Rs. 20,000/- each was given to the two sons of Smti Bheda Baro and directed to keep the remaining amount to be deposited in fixed deposit for certain period of time. Mr. Mollah submits that two sons of Smti Bheda Baro are aged about 20 / 24 years and they wanted to do something in their life. Mr. Mollah further submits that on receiving the said small amount, they could not do anything in Page No.# 3/3 their life. Similarly, Mr. Mollah submits that by the said little amount, Smti Bheda Baro do nothing in her life and therefore prays for modification of the order. I find that the Tribunal relied upon rule 5 of the Railways Accidents & Untoward Incident (Compensation) Rule, 1990 to arrive at the aforesaid findings. I find that the aforesaid rules relates to illiterate and other disabled persons. Today, this Court is of the opinion that the impugned directions amount to denial of compensation to the appellants. Therefore, the appeal is allowed. The impugned order stands modified. Smti Dheda Baro shall be paid Rs. 3,20,000/- without any riders and her two sons Sri Kantesar Baro and Sri Bwisar Baro shall be paid Rs. 2,40,000/ each without any riders. The compensation amount shall be paid alongwith the stipulated interest. The appeal stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010148282023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMFA/83/2023o BHEDAoBAROoANDo2oORS.o W/OoLATEoHARAoBARO.o RESIDENToOFoVILLAGEoMOTONGAPARA,oPOoKUMARIKATA,oPSo TAMULPUR,oDISToBAKSAoBTAD,oASSAMo781360 2:oSHRIoKANTESWARoBARO oS/OoLATEoHARAoBARO.o RESIDENToOFoVILLAGEoMOTONGAPARA oPOoKUMARIKATA oPSoTAMULPUR oDISToBAKSAoBTAD oASSAMo781360 3:oSHRIoBWISARoBARO oS/OoLATEoHARAoBARO.o RESIDENToOFoVILLAGEoMOTONGAPARA oPOoKUMARIKATA oPSoTAMULPUR oDISToBAKSAoBTAD oASSAMo78136o VERSUSo THEoUNIONoOFoINDIAo REPRESENTEDoBYoTHEoGENERALoMANAGER.oNORTHoCENTRALo RAILWAYS,oSUBEDARGANJ.oALLAHABAD,o211011 AdvocateoforotheoPetitionerooooo:oMRoJoMOLLAHo AdvocateoforotheoRespondento:oDY.S.G.I.oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA