“When a Child Dies, Dreams Die Too”: AP High Court Modifies Compensation To Parents Of Man Who Died In Railway Accident
In a case involving the tragic death of a 20 year-old boy who fell from an overcrowded train in 2006, the Andhra Pradesh High Court has modified the order passed by the Railway Claims Tribunal, Secunderabad Bench, to ensure that interest on compensation awarded to the bereaved parents is calculated from the date of filing of application (2006) instead of from the date of order of the...
In a case involving the tragic death of a 20 year-old boy who fell from an overcrowded train in 2006, the Andhra Pradesh High Court has modified the order passed by the Railway Claims Tribunal, Secunderabad Bench, to ensure that interest on compensation awarded to the bereaved parents is calculated from the date of filing of application (2006) instead of from the date of order of the Claims Tribunal (2011).
The Railway Claims Tribunal had awarded compensation worth Rs 4,00,000/- with interest of 9% per annum payable from the date of its order, i.e. 06.04.2011.
Justice Sumathi Jagadam observed, “The Tribunal ought to have considered that the children hold significant symbolic importance for parents in terms of their generativity and hope for the future. When a child dies, the dreams may die too. This death of the future seems integral to the intensity of many parents' responses. While guilt and self-blame are common in bereavement, they are especially pronounced following the death of a child. Such a loss severely threatens the parents' role as caregivers, protectors, and mentors. The respondents/railways have not examined any witnesses or marked documents on their behalf. In the absence of any contra evidence, the Tribunal ought not to have held that the applicants are entitled to interest only from the date of the order.”
Against this backdrop, the Single Judge concluded, “…the order dated 06.04.2011 passed by the Tribunal in O.A.A. No. 275 of 2006 is modified by directing the Respondent/Railway to calculate interest from the date of the application until the amount is realised and to pay interest at 6% p.a”
Background
The Court was dealing with an appeal challenging an order passed by Railway Claims Tribunal, whereby, it allowed the original application of the appellants (parents of the deceased) for compensation and directed the Respondents/Railway to deposit an amount of Rs.4,00,000/- from the date of that order, along with interest at the rate of 9% per annum.
The Respondent (Railways) had initially denied the allegations in the original application and stated that the claim does not fall under Section 123(c) and Section 124A (compensation on account of “untoward incidents”) of the Railway Act, 1989. Additionally, they submitted that the deceased fell from the moving train while sitting on the footboard, and therefore, his death was caused by his own negligence.
Regardless, the Claims Tribunal passed the impugned order, which was appealed before the High Court, where the appellants restricted their arguments to the limited extent of disputed interest in the matter.
Thus, the Court had to determine whether the appellants were entitled to interest from the date of filing of the application or the date of the order?
At the outset, the Court noted that under Section 123(b)(i) of the Railways Act– which categorises parents as 'dependant' in case the deceased passenger is unmarried or is a minor– the bereaved parents of the unmarried deceased are entitled to claim compensation.
In the absence of any contrary evidence or examination of any witness on behalf of the Respondents, the Court disposed of the appeal by modifying the order and directing interest to be calculated from the date of filing of the application.
Case Details:
Case Number: CIVIL MISCELLANEOUS APPEAL No.849 OF 2012
Case Title: Kuruva Kullayappa v. Union of India