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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE SANJAY KUMAR DWIVEDI, J
Union of India, through General Manager, South Eastern Railway – Appellant
Versus
Hamidun Nisha – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard Mr. Ravi Prakash, learned counsel for the petitioner and Mr. Dharmendra Kumar Malityar, learned counsel for the respondents.
2. The present civil review petition is barred by the limitation of 876 days.
3. Learned counsel for the petitioner submits that I.A. No.916 of 2025 has been filed for condonation of delay of 876 days in preferring the present civil review petition.
4. This civil review petition has been filed to review the judgment and order dated 08.03.2021 and 24.05.2021 passed in M.A. No.197 of 2018 by the Coordinate Bench of this Court, whereby, the respondents/claimants were awarded a sum of Rs.8 Lakhs along with interest @ 7.5% per annum from the date of claim application till the date of indemnifying the award.
5. Learned counsel for the petitioner submits that the learned Coordinate Bench relying on the judgment passed in the case of Union of India v. Radha Yadav , reported in (2019) 3 SCC 410 disposed of the said M.A. with direction to the Railway to pay award of Rs.8 Lakhs along with interest @ 7.5% per annum from the date of filing of claim application till the date of indemnifying the award to the claimants. He submits that th
The relevant date for determining compensation under the Railway Claims Tribunal Act is the date of the award, not the date of the incident, ensuring claimants receive fair compensation.
The amount of compensation under the Railway Claims Tribunal Act is determined by current rules at the time of the Tribunal's decision, not the date of the incident.
Compensation for railway accidents is determined by the applicable rules at the time of the incident, with interest awarded from the date of accrual, not the date of the accident.
Interest on compensation must accrue from the date of the accident, ensuring claimants receive the higher of two possible compensation amounts based on established legal principles.
Compensation liability arises on the accident date with interest payable from that date, ensuring fairness based on established legal principles.
Compensation entitlement can be modified based on subsequent provisions, and review petitions are subject to strict scrutiny regarding delay and merit.
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