Kavita Devi & Ors vs Union Of India
2022 Latest Caselaw 2403 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   (Civil Miscellaneous Jurisdiction)
                     C. M. P. No. 209 of 2021
                          ........

Kavita Devi & Ors.                              ..... Petitioners
                        Versus
Union of India                                 .... Opp. Party.

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO ............

For the Petitioners : Ms. Chaitali Chatterjee Sinha, Advocate. For the Opp. Party/Railways : Mr. Pradum Poddar, and Mr. Bajrang Kumar, A.C. to ASGI ..........

04/04.07.2022.

Heard, learned counsel for the parties.

Learned counsel for the petitioners, Ms. Chaitali Chatterjee Sinha has submitted, that petitioners have prayed to make necessary correction in the last paragraph of the order dated 07.12.2020 passed in M.A. No.29/2019, whereby in the page no.5 of order dated 07.12.2020, this Court has directed the respondent-railways to pay compensation amount of Rs.4 lacs along with interest @ 7.5% from the date of filing of claim application till the date of judgment or Rs.8 lacs in view of the new amended rule 2016 made effective from 01.01.2017, whichever is higher, instead of granting Rs.8 lacs along with interest @ 7.5% from the date of filing of claim application till the date of disbursement of the amount, which was prevalent, pursuant to the new amended rule 2016 i.e. Railway Accidents and Untoward Incidents (Compensation) Rules, 2016 made effective from 01.01.2017, and as such, such formal correction is required.

Learned counsel for the respondent, Mr. Pradum Poddar assisted by learned counsel, Mr. Bajrang Kumar has submitted, that it is true that date of accident is 07.02.2017, as such, such rate is applicable as per amended rule 2016 i.e. Railway Accidents and Untoward Incidents (Compensation) Rules, 2016 made effective from 01.01.2017 in the case of the applicant.

Considering the rival submissions of the parties, looking into the facts and circumstances of the case, the last paragraph at page no.5 of the order dated 07.12.2020 passed in M.A. No.29/2019 is hereby modified to the extent that respondent-Railways is directed to pay the compensation within reasonable time in view of amended rule 2016 i.e. Railway Accidents and Untoward Incidents (Compensation) Rules, 2016 made

effective from 01.01.2017 i.e. Rs.8 Lacs along with interest @ 7.5% from the date of filing of claim application till the date of disbursement of the amount.

Accordingly, the instant C.M.P. is hereby allowed.

(Kailash Prasad Deo, J.) Jay/