Karnataka

StateCommission

A/212/2012

The Superintendent of Railway - Complainant(s)

Versus

Smt. Vaishali - Opp.Party(s)

N.S. Sanjay Gowda

23 Aug 2021

ORDER

KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
BASAVA BHAVAN, BANGALORE.
 
First Appeal No. A/212/2012
( Date of Filing : 09 Feb 2012 )
(Arisen out of Order Dated 10/01/2012 in Case No. Complaint Case No. CC/111/2011 of District Bijapur)
 
1. The Superintendent of Railway
South Western Railway, Railway Station, Bijapur .
2. The Commercial Officer, South Western
Railway, Railway Station, Bijapur .
3. The Divisional Railway Manager
South Western Railway, Hubli .
...........Appellant(s)
Versus
1. Smt. Vaishali
W/o. Mahadev Metri, Major, residing at Padanu, Tq. Indi, Bijapur Dist.
2. Hanamant
D/o. Mahadev Metri, Minor represented by their mother and natural guardian Smt. Vaishali, The 1st Respondent residing at Padanu, Tq. Indi, Bijapur Dist. .
3. Smt. Ningavva, W/o. Hanamant Metri
Major residing at Padanu, Tq. Indi, Bijapur Dist. .
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Ravishankar PRESIDING MEMBER
 HON'BLE MRS. Smt.Sunita Channabasappa Bagewadi MEMBER
 
PRESENT:
 
Dated : 23 Aug 2021
Final Order / Judgement

Heard the arguments from learned counsel for the Appellant. On going through the memorandum of appeal and the order of District Forum, we noticed that, he (husband of the Respondent.1) died on 26.05.2010 during travelling in rail and LRs of the deceased claimed for compensation for which District Forum awarded Rs.3,84,000/- as compensation. During the course of arguments, counsel for the Appellant submits that any claim by LRs can be claimed before Railway Claim Tribunal (RCT).

We noticed that claimants/LRs have not so for claimed any claim before RCT. In view of his submission, the Appeal is allowed and order passed by District Forum is set aside by giving direction to claimants/LRs/Respondents to approach RCT with respect to the compensation.

Amount in deposit shall be transferred to the District Commission to be payable to Appellant.

 

Send a copy of this Order to the District Commission and parties.

 

 

Lady Member                             Judicial Member

 

 

*NS*

 
 
[HON'BLE MR. Ravishankar]
PRESIDING MEMBER
 
 
[HON'BLE MRS. Smt.Sunita Channabasappa Bagewadi]
MEMBER
 

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