Union Of India vs Lalbanu Bibi And Anr
2023 Latest Caselaw 2162 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   (Civil Miscellaneous Appellate Jurisdiction)
                          M.A. No. 355 of 2018
                                 ......

Union of India, through the General Manager, Eastern Railway, Kolkata ...... Appellant Versus Lalbanu Bibi and Anr. ......Respondents

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

      For the Appellant- UOI                   : Mrs. Neeta Krishna, Advocate
      For the Respondents                      :
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The matter is being taken up through Video Conferencing. Learned counsel for the appellant has no objection with it and submitted that audio and video qualities are good.

06/Dated: 13/06/2023.

Heard, learned counsel for the appellant- UOI, Mrs. Neeta Krishna. Appellant- Union of India has preferred this appeal against the judgment dated 23.03.2018 passed in Case No.OA (IIU)/RNC/113/2016 passed by the Railway Claims Tribunal, Ranchi, whereby compensation has been awarded to the tune of Rs.8,00,000/- with interest @ 6% per annum from the date of filing of claim application i.e. 01.09.2016 till the date of judgment and, if the amount is not paid within 90 days, interest thereafter will be paid @ 9% per annum simple till the date of actual payment for an accident which took place on 08.04.2016, for which, the appeal is filed within time.

Mrs. Neeta Krishna, learned counsel for the appellant has submitted that the Government of India vide notification dated 27.12.2016 has amended the word "Rs.4,00,000/-" under rule-3 of the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990 by substituting the word "Rs.8,00,000/-". A notification cannot have retrospective effect unless and until specifically mentioned therein, as such, the impugned order may be set aside.

It appears from the order dated 09.12.2019 passed by this Court that the notices were issued upon the respondents/claimants, namely, Lalbanu Bibi and Khuteja Khatoon. Notice upon respondent no.2 has been validly served and notice upon respondent no.1 has been received by her daughter, it appears from the order dated 04.11.2020 passed by this Court. The matter was again listed before a Co-ordinate Bench of this Court on 19.07.2022, but no one appeared on behalf of respondent Nos.1 and 2 and the matter

remains pending before this Court since 2018, as such, this case is being decided on its merit.

Considering the submission of the learned counsel for the appellant and on perusal of the notification issued by the Government of India, Ministry of Railways (Railway Board) vide Notification dated 27.12.2016, the compensation of "Rs.4,00,000/-" has been enhanced to Rs.8,00,000/- with effect from 01.01.2017. Admittedly in this case, the untoward accident took place on 08.04.2016, for which, claim case was filed in the year, 2016 and, as such, even if it is decided in the year, 2018, the compensation amount cannot be enhanced contrary to the Notification as in the notification, no such avernment is made that the pending case is covered by such notification.

Accordingly, the instant Miscellaneous Appeal is hereby disposed of. The compensation amount to the tune of Rs.4,00,000/- along with interest is to be paid to the claimants and as per the order passed by this Court on 09.12.2019, the Railway has been directed to deposit Rs.4,00,000/- before the learned Tribunal within a period of 60 days. The learned Tribunal has been directed to issue notice to the claimants and after due verification learned Tribunal has been directed to disburse the aforesaid amount. It has further been ordered that the remaining part and the interest part shall be considered after hearing the parties.

From perusal of the same, it appears that no remaining part of award has been left. Only the interest from the date of filing of the claim application i.e. 01.09.2016 till the date of payment by Railway is to be calculated @ 7.5% in view of the judgment passed by the Hon'ble Apex Court in the case of Dharampal and Sons Vs. U.P. State Road Transport Corporation [2008 (4) JCR 79 (SC)] and after calculating the same, the interest part must be deposited before the learned Tribunal within a period of 30 days.

The learned Tribunal is directed to issue notice to the claimants and after due verification shall disburse the interest amount.

Let the Lower Court Records be sent back to the learned Court below.

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