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2018 DIGILAW 197 (JHR)

Damodar Turi v. Union Of India

2018-01-23

AMITAV K.GUPTA

body2018
JUDGMENT Amitav K Gupta, J. – Learned counsel seeks permission to remove the defect in course of the day. 2. Permission accorded. 3. The appellant is aggrieved that only Rs.2 lakhs has been awarded by the Railway Claims Tribunal, Ranchi, despite the evidence on record that the appellant suffered amputation of both the legs on account of untoward incident. It is argued by the learned counsel that in terms of Clause-3 of Part-II of the Schedule of the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990, the compensation payable is Rs.4 lakhs and the award of Rs.2 lakhs on account of amputation of both legs is contrary to the prescribed compensation in terms of the Schedule under Rule-3. 4. Mr. Vijay Kumar Sinha, learned counsel for the respondent/Railways has contended that the tribunal has considered and appreciated the evidence on record and exercised its discretion in accordance with law for awarding the compensation. It is argued that the impugned judgment/award does not suffer from any infirmity warranting any interference by this Court. 5. Having heard the learned counsels and on going through the impugned award, it is evident that the Tribunal has failed to appreciate that as per Part-II Clause-3 of the Schedule under Rule-3 of the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990, a compensation of Rs.4 lakhs is prescribed in case the injured suffers amputation of both the legs. Evidently, the Tribunal has erred in awarding only Rs.2 lakhs as compensation. Therefore, in terms of above rules, the awarded compensation of Rs.2 lakhs is enhanced and the respondent-railways are directed to pay Rs.4 lakhs less the amount, if any, already paid, with interest @ 9% per annum from the date of the application till the payment or realisation, within three months from the receipt or production of a copy of this order. 6. With the said direction, the impugned award and judgment is modified to the extent as noted above. 7. In the result, the appeal is, hereby, allowed.