ORDER :- This and the connected writ petition have been filed by the Union of India against the order of the Claims Commissioner in compensation proceedings under the Indian Railways Act.

2. In writ petition No.1645 of 1970 the facts are these. On the night between June 20 and 21, 1969 the 6 Down Allahabad-Gorakhpur Express met with an accident resulting in the death of some persons and injuries to others. A Claims Commissioner was appointed by the Central Government under Section 82-B of the Indian Railways Act. The first respondent, B.K. Ojha, made an application for compensation under Section 82-C of the Act claiming that he was one of the injured persons and alleging that in consequence of the accident he had received bodily injuries and that he had to be treated in the hospital for a number of days. The application was opposed by the petitioner. On February 23, 1970 the Claims Commissioner made an order holding that the claimant had proved that he had suffered serious injury and great pain and suffering, including mental suffering, on which account he was entitled to Rs.3,000/- as compensation, that he had also suffered a loss of goods and cash for which he was entitled to compensation in the sum of Rs.1,000/- and he had been on medical leave from June 21, 1969 to August 18, 1969 which resulted in loss of salary for which the compensation should be Rs.765/-. Accordingly, he awarded Rs.4,765/- as compensation.

3. In writ petition No.1194 of 1970, which arises out of proceedings in respect of the same railway accident, the first respondent Mool Chand, filed an application for compensation alleging that he was one of the injured persons and that besides bodily injuries he had suffered loss of cash and goods. This claim was also opposed by the petitioner. The Claims Commissioner made an order dated January 5, 1970 awarding Rs.3,000/- on account of pain and suffering brought about by the claimant's injury and loss of earnings, a sum of Rs.5,000/- as compensation for loss of cash and a sum of Rs.180/- on account of loss of goods.

4. Learned counsel for the petitioners has raised two contentions. One contention is that there was no jurisdiction in the Claims Commissioner to award compensation for pain and suffering and loss of salary or earnings, and the other is that the loss of cash and goods cannot be immediately or directly attributed to the railway accident.

5. Section 82-A of the Act provides for compensation payable by the railway administration in the event of a railway accident:-

"for loss occasioned by the death of a passenger dying as a result of such accident, and for personal injury and loss, destruction or deterioration of animals or goods owned by the passenger and accompanying the passenger in his compartment or on the train, sustained as a result of such accident".

Section 82-J empowers the Central Government to make rules, and sub-sec.(2) contemplates that the rules may provide for "the nature of the injury for which and the rates at which compensation shall be payable". The Railway Accident Compensation Rules have been framed under Section 82-J, and Rule 6 thereof provides:

"6. Amount of Compensation:-

(1) The amount of compensation payable in respect of death or for injuries causing partial disablement or total disablement shall be at the rates set out in the schedule;

(2) In case of a partial disablement arising out of an injury not specified in Part II of the Schedule such percentage of the compensation payable in the case or a total disablement as is proportionate to the loss of earning capacity permanently caused by the injury, shall be payable.

(3) The amount of compensation payable in respect of injuries causing temporary disablement, total or partial, or of injuries resulting in pain and suffering without causing any disablement, shall be such as the Claims Commissioner may, in all the circumstances of the case, determine to be reasonable.

Provided that such compensation shall in no case exceed 3/5th of the amoun

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