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2014 DIGILAW 803 (JHR)

Ram Lal Thakur v. Union of India

2014-07-30

D.N.UPADHYAY

body2014
Order This appeal has been preferred against the judgment and award dated 18.04.2013 passed by the Railway Claims Tribunal, Ranchi Bench in connection with Case no. OA(IIU)/RNC/2009/0077, whereby the Tribunal has awarded a sum of Rs.one lakh to the appellant-claimant against the injury, which the appellant had sustained. 2. The fact, in brief, is that the appellant intending to travel from Garhwa Road Station to Daltonganj was waiting at platform no.3 and he was having a general class ticket. When the train arrived, he felt dizzy and fell down. Right hand of the appellant was caught under the wheel and later it was amputated from the wrist joint. The incident took place on 24.06.2009. 3. The appellant has assailed the impugned judgment on the ground that the Tribunal has not given valid reason for awarding less compensation than mentioned in Column-4 of part-III of Schedule appended to the Railway Accidents and Untoward Incidents(Compensation) Rules, 1990 (hereinafter referred to as the 'Rules, 1990'). It is submitted that injury sustained to the appellant is not in dispute and, therefore, he is entitled to receive Rs.2,40,000/-as indicated in Column-4 of Part-III of Schedule appended to the Rules, 1990. Since the appellant has been awarded less amount, he has preferred this appeal. 4. Counsel for the respondent though opposed the appellant's prayer, but did not dispute the amount of compensation indicated in Column-4 of Part-III of the Schedule appended to the Rules, 1990. 5. I have gone thorough the impugned judgment. The Issue no. 1 has been decided in favour of the appellant. While deciding Issue no.2, the Tribunal has directed the respondent to pay compensation of Rs.one lakh to the appellant, but reasoning for making less payment than the prescribed under the Schedule has not been indicated. In view of the Rules, 1990, the appellant is entitled to receive compensation to the extent of Rs.2,40,000/-and, therefore, the impugned judgment and award is modified to that extent and the respondent is directed to pay Rs.1,40,000/-more, as additional compensation to the appellant within sixty days from today(30.07.2014) failing compliance, additional compensation shall carry interest @ 9 % per annum. 6. Accordingly, this appeal stands allowed.