Jharkhand High Court
Union Of India Through General ... vs Namashwari Rabha & Others on 30 June, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 513 of 2018
........
Union of India through General Manager,
Eastern Railway, Kolkata (West Bengal) .... Appellant
Versus
Namashwari Rabha & Others .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Appellant : Mr. Gautam Rakesh, Advocate.
For the Respondent No. 1: Mr. Manish Kumar, Advocate.
........
06/30.06.2021.
Heard, learned counsel for the appellant, Mr. Gautam Rakesh.
The Union of India through General Manager Eastern
Railway, Kolkata has preferred this appeal against the judgment /
award dated 20.06.2018 passed by learned Member (Technical),
Railway Claims Tribunal Ranchi Bench, in Case No. OA (IIU)
RNC/48/2017, whereby applicants / claimants namely, (1)
Nemashwari Rabha (2) Chanakya Rabha and (3) Rupak Rabha have
been awarded compensation to the tune of Rs.8,00,000/-, out of
which Rs.4,00,000/- to the wife, Rs.2,00,000/- each to the sons along
with interest @ 6% per annum from the date of filing of the claim
application i.e. 10.04.2017 till the date of judgment to be paid within
90 days of the judgment, thereafter, the interest shall be paid @ 9%
per annum simple till the date of actual payment.
Learned counsel for the Railway, Mr. Gautam Rakesh has
assailed the impugned award on the ground that though the accident
was of dated 10.11.2016, but claim application has been filed on
10.04.2017. The Government has revised the Railway Accidents and
Untoward Incidents (Compensation) Rules, 1990 by new amendment
Rules i.e. The Railway Accidents and Untoward Incidents
(Compensation) Rule, 2016, which is made applicable w.e.f.
01.01.2017 by enhancing Part-I for death from Rs.4,00,000/- to
Rs.8,00,000/-.
Learned counsel for the Railway has placed reliance upon the
judgment passed by the Apex Court in the case of Union of India vs.
Rina Devi, reported in (2019) 3 SCC 572 (Para-19), in which such
eventuality has been considered where the accident is prior to
amended Rules, but the application was filed after the amended rule
then only the claimant is entitled for previous compensation of
Rs.4,00,000/- with interest or the claimant is entitled for
Rs.8,00,000/- without interest, whichever is higher.
Learned counsel has referred in para-19, which is quoted
hereunder:-
"19. Accordingly, we conclude that compensation will be payable
as applicable on the date of the accident with interest as may be
considered reasonable from time to time on the same pattern as in
accident claim cases. If the amount so calculated is less than the
amount prescribed as on the date of the award of the Tribunal, the
claimant will be entitled to higher of the two amounts. This order
will not affect the awards which have already become final and
where limitation for challenging such awards has expired, this
order will not by itself be a ground for condonation of delay.
Seeming conflict in Rathi Menon and Kalandi Charan Sahoo
stands explained accordingly. The four-Judge Bench judgment in
Pratap Narain Singh Deo holds the field on the subject and
squarely applies to the present situation. Compensation as
applicable on the date of the accident has to be given with
reasonable interest and to give effect to the mandate of beneficial
legislation, if compensation as provided on the date of award of
the Tribunal is higher than unrevised amount with interest, the
higher of the two amounts has to be given."
Learned counsel for the Railway has submitted that so far the
interest is concerned, which has been awarded by the learned
Tribunal @ 6 % per annum from the date of filing of the claim
application i.e. 10.04.2007 till the date of judgment to be paid within
90 days, failing which interest @ 9% per annum is an erroneous
interest awarded by the learned Tribunal contrary to the judgment
passed by the Apex Court in the case of Rina Devi (Supra).
Learned counsel for the respondent no. 1, Mr. Manish Kumar
has fairly submitted that though accident took place on 10.11.2016,
but claim application was filed on 10.04.2017 after coming of the
amended Rules, where death claim has been enhanced to
Rs.8,00,000/-. As such, the compensation amount to the tune of
Rs.8,00,000/- may be paid without any interest in view of the
aforesaid judgment.
Considering such fair submissions on behalf of the respondent
no. 1 / claimant, the judgment dated 20.06.2018 passed by learned
Railway Tribunal in Case No. OA(IIU)/RNC/48/2017 is hereby
modified to the extent that Railway must indemnify the claimants
with Rs.8,00,000/-, out of which Rs.4,00,000/- to wife, Rs.2,00,000/-
each to both the sons within a period of 60 days from today.
Accordingly, the Miscellaneous Appeal is hereby allowed.
(Kailash Prasad Deo, J.)
Sunil/-
