Summary: A family seeking compensation for a railway accident had their case sent back for a new decision because the original tribunal made a mistake in how it was set up.
Smt Sukhabati Bai, along with her children Nitin and Kajal, filed a case for compensation after an unfortunate railway accident. They wanted Rs. 8 lakhs with 9% interest from the date of the accident until payment. Their claim was initially rejected by the Railway Claims Tribunal.
The main issue in this case was a mistake made by the Railway Claims Tribunal in Secunderabad. The decision was made by a technical member, Shri N. Madhusudan Rao, without a legal member present. This goes against a rule set by the Supreme Court in an earlier case, which requires both a legal and an administrative member to be part of the decision-making process.
Judge Gadi Praveen Kumar noticed this mistake and decided to cancel the tribunal's judgment dated February 26, 2021. He ordered that the case be sent back to the Railway Claims Tribunal for a new decision. The tribunal must now look at the case again, inform all parties involved, and consider all arguments.
The Railway Claims Tribunal has been instructed to handle the case quickly, ideally within three months from receiving the order. This means Smt Sukhabati Bai and her children will get another chance to present their case and possibly receive the compensation they seek.
The court's decision emphasizes the importance of following proper procedures. It ensures that everyone gets a fair chance to have their cases heard and decided correctly. This case will now be looked at again with the right tribunal setup, giving the claimants hope for a fair outcome.
