Surendra Kumar @ Surendra Kumar ... vs Union Of India
2021 Latest Caselaw 583 Jhar

            IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   (Civil Miscellaneous Appellate Jurisdiction)
                           M.A. No. 481 of 2019
                                 ......

Surendra Kumar @ Surendra Kumar Ray @ Surendra Prasad @ Surendra Prasad Ray ...... Appellant Versus Union of India, through the General Manager, South Eastern Railway, Kolkata ......Respondent

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) For the Appellant : Mr. Kaushalendra Prasad, Advocate For the Respondent : Mr. Gautam Rakesh, Advocate

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04/Dated: 08/02/2021.

Heard, learned counsel for the parties.

Learned counsel for the appellant, Mr. Kaushalendra Prasad has submitted that the instant Misc. Appeal has been preferred against the judgment dated 07.03.2019 passed by learned Member (Technical) Railway claims Tribunal, Ranchi Bench in Case No.OA(IIU)/RNC/168/2018 whereby the claimant/appellant has been granted compensation to the tune of Rs.3,20,000/- within 90 days of submitting the mandate forms to the Railways with interest @ 6% from the date of admission of condonation i.e. 30.08.2018 till the date of judgment and if the amount is not paid within 90 days, thereafter interest will be paid at the rate of 9% per annum simple till the date of actual payment.

Learned counsel for the appellant has submitted that the appeal has been preferred by the claimant for enhancement of the award as the learned Tribunal has granted a meagre amount.

Learned counsel for the appellant has further submitted that injured, Surendra Kumar @ Surendra Kumar Ray @ Surendra Prasad @ Surendra Prasad Ray was a bonafide passenger as he was travelling by Jharsugura-Hatia Passenger Train No.58162 on 06.06.2013 after purchasing a valid journey ticket, which has been brought on record vide no.C 61218234 dated 06.06.2013. The train was full of passengers. When the train stopped at Govindpur Road Railway station the claimant, Surendra Kumar @ Surendra Kumar Ray @ Surendra Prasad @ Surendra Prasad Ray got down from the train for taking drinking water. After taking drinking water he was re-boarding the train when the train started moving. Surendra Kumar @ Surendra Kumar Ray @ Surendra Prasad @ Surendra Prasad Ray lost his balance and due to rush in the train, his hands detached from the handle of the train and he fell down from the running train near Govindpur Road Railway Station. His left leg was cut off from below the knee. Right leg was

fractured above the knee. His whole body was crushed and got multiple injuries.

Learned counsel for the appellant has further submitted that the learned Tribunal has considered the injured to be a bonafide passenger, but has granted meagre compensation by not granting the compensation in view of amended Rules made in Railway Accidents and Untoward Incidents (Compensation) Rules, 2016, whereby the claimant falls under item 3 of part II schedule of the newly amended Rules, 2016 which categorized the injury i.e. double amputation through legs or through thigh or amputation through leg or thigh on one side and loss of other foot for which earlier compensation was Rs.4 lacs which has been revised to Rs.8 lacs as per new amendment.

Learned counsel for the appellant has thus, submitted that compensation amount may be enhanced.

Learned counsel for the appellant has further submitted that there is delay of 101 days in preferring the appeal and for condonation of the same I.A. No.9246 of 2019 has been preferred, as such, the delay of 101 days may be condoned.

Learned counsel for the respondent/Railway, Mr. Gautam Rakesh has submitted that Railway has filed counter-affidavit both in the limitation matter as well as in the main memo of appeal and submitted that the case of the injured is covered in terms of Item No.22 of part-IIIrd schedule "for amputation below knee with stump exceeding 5", for which compensation was initially Rs.1,60,000/- which has been amended to Rs.3,20,000/- and for fracture of major bone i.e. Femur Tibia one limbs, the compensation was initially Rs.40,000/-, which has been enhanced to Rs.80,000/-, as such, in view of the same, the applicant may only get Rs.4 lacs in view of the amendment made in the Railway Accidents and untoward incidents (Compensation) Rules, 1990 vide Railway Accident and Untoward Incidents (Compensation) Amendment Rules, 2016, which has been made effective from 01.01.2017 as the incident was of dated 06.06.2013, the claim application has been filed on 10.05.2018 but the same was decided on 07.03.2019.

Learned counsel for the Railway has thus, submitted that learned Tribunal has rightly granted Rs.3,20,000/- along with interest @ 6% per annum from the date of admission of condonation i.e. 30.08.2018 till the date of judgment and if the amount is not paid within a period of 90 days, thereafter simple interest will be paid @ 9% per annum till the date of actual payment.

After hearing the learned counsel for the parties, looking into the facts and

circumstances of the case, the delay of 101 days in preferring the appeal is hereby condoned.

I.A. No.9249 of 2019 stands disposed of.

M.A. No. 481 of 2019 Admit.

Call for LCR.

(Kailash Prasad Deo, J.) sandeep/R.S-