THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI CIVIL MISCELLANEOUS APPEAL No.925 OF 2014

JUDGMENT:

This civil miscellaneous appeal is filed aggrieved by the order dated 18.12.2013 in O.A.A.No.297 of 2009 on the file of the Railway Claims Tribunal (for short, ‘the Railway Tribunal’), Secunderabad Bench at Secunderabad.

2. Heard Ms. M. Vijaya Lakshmi, learned counsel representing Mr. T. Vishwarupa Chary, learned counsel appearing for the appellant, and Mr. B. Jithender, learned Standing Counsel for Central Government appearing for respondent.

3. Brief facts:

The appellant herein is applicant and respondent is respondent before the Railway Tribunal. On 24.07.2009, the applicant boarded Krishna Express at Vijayawada to go to Bhongir and when he reached Khammam Station, while he was washing hands at wash basin, passengers in the bogie dashed him, due to which he lost balance and fell down from the train and train ran over him, causing crush injury to his left leg, left hand and right foot. Applicant was shifted to Osmania General Hospital, Hyderabad, and in the course of treatment, his left hand, left leg and right foot were amputated. The applicant claimed a compensation of Rs.4,00,000/-. Railway Tribunal, after considering the evidence of AW.1, RW.1 and Exs.A1 to A6 and Ex.R1, awarded a compensation of Rs.4,00,000/- with interest at 6% per annum from 25.08.2009, the date of admission of application to the date of order and 9% per annum from the date of order till the entire amount is realized. The applicant challenges the order dated

18.12.2013 passed in O.A.A.No.297 of 2009.

4. Learned counsel appearing on behalf of the appellant/applicant submitted that the compensation of Rs.4,00,000/- granted is very meager and is not a just compensation and also requested to grant interest at 18% per annum. It is submitted that as per Rule 3 of the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990 (for short, ‘the Rules, 1990’), the amount of compensation payable for double amputation through leg or thigh on one side and loss of other foot is Rs.8,00,000/- and not Rs.4,00,000/-. It is submitted that the compensation payable, as determined, coupled with application of Rule improperly, hence, order of the Railway Tribunal is bad in law.

5. Learned Standing Counsel for Central Government appearing on behalf of Railway Tribunal submitted that Tribunal considered Rule 3 of the Rules, 1990 prevailing as on the date of accident. It is further submitted that at the time of computation of compensation to be awarded, the Railway Tribunal, as prayed, granted Rs.4,00,000/- (as per Rule 4 of the Rules, 1990). It is also submitted that as per Rule 4 of Part II sub-rule (3) of the Rules, 1990, the compensation payable in respect of injuries as mentioned in sub-rule (3) is Rs.4,00,000/- only.

6. It is submitted that vide GSR 1165 (E), dated 22.12.2016, amount of Rs.4,00,000/- was substituted with Rs.8,00,000/-. It is further submitted that the applicant is under the misconception that the amount to be awarded is Rs.8,00,000/-. It is also submitted that for accidents, injuries or death, it is only after the commencement of G.S.R.No.1165 (E), dated 22.12.2016, the said compensation is to be paid.

7. Heard learned counsels, perused the record and considered the rival submissions.

8. Applicant is a student, sustained injuries in an accident on 24.07.2009. Applicant boarded Krishna Express at Vijayawada for Bhongir, when train reached Khammam, while was washing his hands at the wash basin, passengers passing through bogie dashed him, due to which he lost balance and fell from the train and the train ran over him, causing crush injuries to left leg, left hand and right foot. The applicant was shifted to Osmania Hospital and in the course of treatment, left leg, left hand and right foot were amputated. There is no dispute with regard to the accident and the treatment received. Initially, he was shifted to Government Hospital, Khammam. Though a contention w