JUDGMENT - W.M. SAMBRE, President :---Heard Mr. Lahoti, learned Counsel for the appellant. He contended that inspite of the fact of reservation of two bearths in the name of the appellant and his wife, the railway authority allotted these, bearths to third party and this caused a great convenience to the appellant. This fact about the allotment of bearths is not disputed by the railway respondent. There is deficiency in service of the railway which has been held by the District Forum. The main grievance is that the compensation granted is not in consonance with the sufference of the appellant and his wife. He was required to be in the hospital for near about five days for taking treatment for various ailments. This was completely ignored by the District Forum. It was obligatory on the part of the District Forum to consider the agony faced by this appellant and also the damages suffered by him in his health the proportion of the compensation was required to be given property. He has not paid the notice charges nor the expenses of the hospital even that he was admitted to the hospital for five days. Therefore Mr. Lahoti contended that the quantum awarded by the learned District Forum, is required to be enhanced. 2. After hearing Mr. Lahoti and after going through the order passed, it will be seen that the allotment of the bearths was wrongly made by the respondent railway authority. No doubt, the appellant suffered because of the deficiency in service on the part of the respondent railway. The learned District Forum has considered this aspect and granted compensation to the tune of Rs. 2000/- considering the travel made by the appellant for 100 k.m. He was a passenger is second class and in that proportion this compensation was awarded to the appellant which is adequate and sufficient in our view. This was not the reason that the appellant suffered the high blood pressure stroke or slip disc because of the lapses in rendering the service by the railway. This ailments were already in existence with the appellant and therefore, the learned District Forum has rightly discarded the claim of special compensation for the treatment as claimed by Mr. Lahoti. Under these circumstances we are not inclined to entertain this appeal which fails and stands dismissed. In the circumstances, there will be no order as to costs. *****