Case Note & Summary
The appellant, Union of India through General Manager, challenged the judgment and award dated 17 July 2005 passed by the Railway Accident Claims Tribunal in Original Application No.290 of 2003. The Tribunal had awarded Rs.1,20,000 to the respondent claimant, Mrs. Usha Ramniklal Kamdar, payable within 60 days, failing which interest at 6% per annum from the date of order. The claimant had filed cross-objections seeking enhancement. The facts are that on the date of incident, the claimant was waiting to board a train at Platform No.4 at Borivali Station for Miyagam-Karjan station. Due to chaos and overcrowding when the train arrived, she fell between the platform and the train while boarding, suffering serious injuries resulting in amputation of her middle and index fingers of the right hand, and requiring long medical treatment. The Tribunal, applying the Railway Accident and Untoward Incidents (Compensation) Amendment Rules 1997, awarded compensation under Part-III Entry 9 and additional compensation of Rs.40,000 for pain and suffering under Rule 3(3). The High Court, after considering the appeal and cross-objections, found no merit in the appeal and dismissed it, also dismissing the cross-objections as the compensation was deemed adequate. The court upheld the Tribunal's order.
Headnote
A) Railway Law - Untoward Incident - Compensation for Injury - Railway Accidents and Untoward Incidents (Compensation) Amendment Rules, 1997, Part-III Entry 9, Rule 3(3) - The claimant fell from the train while boarding due to overcrowding, resulting in amputation of two fingers. The Tribunal awarded Rs.1,20,000 including Rs.40,000 for pain and suffering. The High Court upheld the award, finding no error in the Tribunal's application of the Rules. (Paras 1-3)
Issue of Consideration
Whether the compensation awarded by the Railway Accident Claims Tribunal for amputation of fingers due to an untoward incident is adequate and whether the appellant's challenge to the award is valid.
Final Decision
The High Court dismissed the appeal and the cross-objections, upholding the Tribunal's award of Rs.1,20,000 with interest at 6% per annum from the date of order if not paid within 60 days.
Law Points
- Untoward incident
- compensation for injury
- amputation of fingers
- Railway Accidents and Untoward Incidents (Compensation) Amendment Rules
- 1997
- Part-III Entry 9
- Rule 3(3)
- additional compensation for pain and suffering
Case Details
2013 LawText (BOM) (09) 112
First Appeal No. 2644 of 2006 with Cross Objections No.21074 of 2006
Mr. Suresh Kumar for appellant; Mr. S.U. Kamdar i/b Ms. Usha R. Kamdar for respondent
Union of India through General Manager
Mrs. Usha Ramniklal Kamdar
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Nature of Litigation
Appeal against judgment and award of Railway Accident Claims Tribunal in a claim for compensation for injuries sustained in an untoward incident.
Remedy Sought
Appellant sought to set aside the award; respondent sought enhancement of compensation via cross-objections.
Filing Reason
Claimant fell while boarding train due to overcrowding, suffered amputation of two fingers and other injuries.
Previous Decisions
Railway Accident Claims Tribunal awarded Rs.1,20,000 on 17 July 2005 in Original Application No.290 of 2003.
Issues
Whether the compensation awarded by the Tribunal is adequate?
Whether the appellant's challenge to the award is valid?
Submissions/Arguments
Appellant challenged the legality and validity of the award.
Respondent argued that the award of Rs.1,20,000 was inadequate given the nature of injuries.
Ratio Decidendi
The compensation awarded under the Railway Accidents and Untoward Incidents (Compensation) Amendment Rules, 1997, including additional compensation for pain and suffering, was proper and adequate.
Judgment Excerpts
By this Appeal, the appellant Railway Administration has challenged validity and legality of the judgment and award dated 17 July 2005 passed by Railway Accident Claims Tribunal in Original Application No.290 of 2003 whereby the Tribunal awarded sum of Rs.1,20,000 to the claimant payable within 60 days from the date of the order failing which liable to pay interest @ 6% per annum from the date of the order till realization.
The facts stated briefly are that respondent claimant on the date of incident, was waiting to board the train at Platform No.4 at Borivali Station for MiyagamKarjan station. On the platform, there was chaos and overcrowding when the train arrived as passengers proceeded to board the train with their luggage. Due to commotion while boarding the train, claimant fell down between the gap of platform and the train and received serious injuries, as a result of which her two fingers, including index fingers were amputed, and she had to take long medical treatment.
Procedural History
The claimant filed Original Application No.290 of 2003 before the Railway Accident Claims Tribunal, which awarded compensation on 17 July 2005. The appellant filed First Appeal No.2644 of 2006 challenging the award, and the respondent filed Cross Objections No.21074 of 2006 seeking enhancement. The High Court heard both and pronounced judgment on 21 September 2013.
Acts & Sections
- Railway Accidents and Untoward Incidents (Compensation) Amendment Rules, 1997: Part-III Entry 9, Rule 3(3)
