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1999 Supreme(Ker) 302

G.SIVARAJAN, K.K.USHA
Union of India – Appellant
Versus
Thankaraj – Respondent


Judgment :-

K.K. Usha, J.

These appeals are directed against judgments of the Railways Claims Tribunal, Ernakulam Bench granting compensation for death or personal injuries of passengers under the provisions of the Railways Act, 1989 read with Rules issued thereunder. Except M.F.A. No. 915/98 all the other appeals are at the instance of the Railway administration. The common question of law that arises in all these appeals is whether in respect of death happened or injury sustained before the Railway Accidents and Untoward Incidents (Compensation) Amendment Rules, 1997 came into force the enhanced rate of compensation under the Amended Rules can be made applicable. The Railways Claims Tribunal, Ernakulam Bench granted compensation in O. A. No. 137/97, O.A. No. 24/96, O.A. No. 142/97, O.A. No. 136/97, O.A. No. 124 of 1997, T.A. No. 56/97, O.A. No. 93/97, O.A. No. 94/97 and O.A. No. 3/98 by applying the Amended Rules. These judgments are challenged by the Railway administration in M.F.A. Nos. 816,839,1249,1265,1282,1284,1292,1293 and 1320 of 1998. In T.A. No. 259/96 the Tribunal applied un amended provisions and therefore, the judgment is challenged at the instance of the applicants.


































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