[227] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 16.02.2026 Satish Kumar …Appellant versus Union of India ….Respondent Coram : HON’BLE MR. JUSTICE PANKAJ JAIN Present: Mr. Vipul Sharma, Advocate for the appellant.

Mr. Ramesh Chand Sharma, Advocate for the respondent-UOI.

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PANKAJ JAIN, J. (ORAL)

[1] Challenge is to the Award passed by the learned Railway Claims Tribunal, Chandigarh Bench, Chandigarh, whereby the Tribunal held that the claimant was a bona fide passenger who suffered injuries on account of untoward incident while travelling in railways but refused to award compensation as he suffered non-scheduled injuries.

[2] As per the findings recorded by the Tribunal, the claimant suffered three fractures-ankle, medial malleolus and talus. The injury is not a scheduled injury. Rule 3(3) of the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990 deals with compensation in respect of unscheduled injuries and reads as under:-

“3(3) The amount of compensation payable in respect of any injury (other than an injury specified in the Schedule or referred to in sub-rule (2) resulting in pain and suffering, shall be such as the Claims Tribunal may, after taking into consideration medical evidence, besides other circumstances of the case, determine to be reasonable:

Provided that if more than one injury is caused by the same accident, compensation shall be payable in respect of each such injury:

Provided further that the total compensation in respect of all such injuries shall not exceed [Rupees One Lakh Sixty Thousand].”

[3] The injury being unscheduled injury would be governed by Rule 3(3) of 1990 Rules.

[4] In the considered opinion of this Court, the Tribunal erred in denying compensation of Rs.80,000/- to the injured victim, without recording any cogent reasons.

[5] Keeping in view the nature of injuries suffered by the claimant, i.e. fracture of ankle, medial malleolus and talus, it is clear that the same would affect his normal day-to-day activities. The claimant would face difficulty in walking, standing and carrying routine work, apart from pain and discomfort. Though the injuries suffered by the claimant are non-

scheduled injuries but the appellant has been left crippled.

[6] Keeping in view the nature of injury suffered by the claimant, the compensation is accordingly enhanced to Rs.80,000/-. The amount after amendments, which came into effect w.e.f. 01.01.2017 has now been enhanced to Rs.1,60,000/-.

[7] In view of the observations made by the Supreme Court in the case of ‘Union of India vs. Rina Devi, 2019 (3) SCC 572, the claimant is held entitled to an amount of Rs.80,000/- with interest @ 9% per annum from the date of filing of the claim petition till the date of actual realization or Rs.1,60,000/- whichever is higher.

[8] Needless to say, any amount already paid shall be set off and adjusted. The claimant shall supply his account details by filing an appropriate application before the Tribunal within 04 weeks. The respondent shall release the amount within 08 weeks thereafter. In case of failure to pay within the stipulated period, the claimant shall be entitled to interest @ 9% per annum even on the amount of Rs.1,60,000/-.

[9] The Tribunal is directed to transfer the due compensation as awarded by this Court to the bank account of the claimant as soon as the same is deposited by the respondent.

[10] Disposed off accordingly.

[11] All pending miscellaneous application(s), if any, stands disposed off.

(PANKAJ JAIN)

JUDGE

16.02.2026 ‘R. Sharma'