Compensation must consider the serious nature of injuries, with entitlement to interest from the date of the accident.

JUDGMENT

Appellant is the complainant in O.A No.19 of 2017 of the Railway Claims Tribunal, Ernakulam Bench. The O.A was filed for compensation for injury sustained by him in an accident occurred on 08.04.2010. The appellant was traveling by Train No.16346 from Kozhikode to Vadakara. There was rush in the compartment and he was compelled to stand near the door. He accidentally fell down from the train and sustained severe injuries.

2. The respondent Railway denied the case of the appellant by filing written statement before the Tribunal. It was contended by the Railway that the appellant met with the accident on account of his own negligence and carelessness.

3. The Tribunal settled three issues for determination. Ultimately, the tribunal concluded that the appellant sustained injuries in an untoward incident. It was found that he was entitled for compensation. The injuries sustained by the appellant were non-scheduled injuries. The maximum amount of compensation payable for non-scheduled injuries is Rs.1,60,000/-. The Tribunal granted compensation of Rs.80,000/-. Interest at the rate of 6% per annum was granted from the date of registration of the O.A till the date of the order. The respondent was directed to deposit the amount within 60 days, failing which the amount of compensation shall carry interest at the rate of 9%

from the date of default till payment.

4. In this appeal two major contentions are raised.

The first contention is regarding inadequacy in compensation. The second contention is regarding the omission of the Tribunal to grant interest from the date of accident.

5. Heard the learned Counsel for the appellant and the learned Central Government Counsel appearing for the respondent Railway. Perused the impugned judgment and records.

6. The learned Counsel for the appellant submitted that the appellant sustained following injuries:-

“Subdural Haemorrhage in right temporo pariteto occipital convexity; Hemorrhagic contusion in left frontal lobe, type-ii open fracture index finger left.”

7. He also pointed out that the appellant had to undergo treatment as inpatient for a week in the Medical College Hospital. Accident Register cum Wound Certificate produced before the Tribunal would show that the appellant sustained the above injuries. Medical records produced before the Tribunal shows that he was treated as inpatient. It is also evident from the medical records that the appellant had to undergo continued treatment. The injuries sustained by the appellant, though are not included in the schedule, taking note of the serious nature of the injuries and the prolonged treatment underwent by the appellant, the Tribunal ought to have granted a higher amount as compensation. In my view, the amount granted by the Tribunal as compensation is inadequate. Hence, the compensation shall stand enhanced to Rs.1,00,000/-.

8. The next aspect to be considered is the claim regarding interest from the date of accident. The issue is no longer res integra. The Honourable Supreme Court inUnion of India v. Rina Devi [2019 (3) SCC 572] , considered the issue and categorically held that, though there is no statutory provision, interest shall be awarded from the date of accident itself. It was further held that the liability of the Railway to pay interest arises from the date of accident up to the date of payment, without any difference in the stages and therefore uniform rate of interest can be granted. The learned Counsel for the appellant pointed out the the judgment in Union of India v. Rina Devi was subsequently followed by a Bench of three Judges of the Honourable Supreme Court in Doli Rani Saha v. Union of India [2024 (9) SCC 656] Hence, the position is