Union Of India vs Premchand Jethani
2022 Latest Caselaw 16488 MP

                                                                          1
                                        IN       THE    HIGH COURT OF MADHYA PRADESH
                                                             AT JABALPUR
                                                                  BEFORE
                                                    HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                         ON THE 13 th OF DECEMBER, 2022
                                                           MISC. APPEAL No. 1878 of 2017

                                       BETWEEN:-
                                       UNION OF INDIA THROUGH GENERAL MANAGER,
                                       WEST CENTRAL RAILWAY JABALPUR

                                                                                                  .....APPELLANT
                                       (BY SHRI VIKRAM SINGH, ADVOCATE)

                                       AND
                                       1.    PREMCHAND JETHANI S/O LATE PRITAMDAS

                                       2.    SMT. GOMTIBAI W/O PREMCHAND JETHANI,

                                       3.    SMT. SAKSHI        JETHANI   W/O   LATE   MANOJ
                                             JETHANI,

                                       4.    KUMARI MANYA PUTRI D/O LATE MANOJ
                                             JETHANI
                                             ALL R/O SIDHESHWAR COLONY GAYADATT
                                             WARD,   THANA   TEHSIL AND   DISTT.
                                             NARSINGHPUR

                                                                                               .....RESPONDENTS
                                       (BY SHRI APRANA SINGH, ADVOCATE)

                                             Th is appeal coming on for admission and I.A's this day, t h e court
                                       passed the following:
                                                                          ORDER

Heard on I.A. No.6259/2021, an application for deleting the name of respondent No.1 as he has died and his legal heirs are already available on Signature Not Verified SAN record.

Digitally signed by MOHD TABISH KHAN Date: 2022.12.14 19:19:43 IST Same is allowed.

Let necessary correction be carried out during the course of the day. This appeal is filed under Section 23 of the Railway Claims Tribunal Act, 1987 by the Union of India being aggrieved of judgment dated 10.01.2017 passed by learned Railway Claims Tribunal, Bhopal Bench in OA/IIU/BPL/2012/0068 on a singular ground that claimants had not proved the income of the deceased.

Smt. Aparna Singh submits that under the Railway Claims Tribunal Act, 1987 award is to be made as per the nature of the injury and as per the Schedule provided thereunder and there is no co-relation with the income of the injured/deceased. Therefore, the appeal is filed on a frivolous ground.

After hearing learned counsel for the parties and going through the record, it is evident that the preamble of the Railway Claims Tribunal Act, 1987 provides that it is an Act to provide for establishment of a Railway Claims Tribunal for inquiring into and determining claims against a railway administration for loss, destruction, damage, deterioration or non-delivery of animals or goods entrusted to it to be carried by railway or for the refund of fares or freight or for compensation for death or injury to passengers occurring as a result of railway accidents [or untoward incidents and for matters connected therewith or incidental thereto.

The amount of compensation payable in respect of death and injuries is provided in the Schedule under Rule 3 of the Railway Accidents and Untoward Incident (Compensation) Rules, 1990 and provide specific amount of compensation of Rs.8,00,000/- (Rupees Eight Lacs Only) for death in Part-1 of

Signature Not Verified SAN the Schedule.

Digitally signed by MOHD TABISH KHAN As far as Rule 3 of the Rules of 1990 are concerned, they provides that Date: 2022.12.14 19:19:43 IST

the amount of compensation payable in respect of death or injuries will be as

specified in the Schedule. Thus, it is evident that the amount of compensation has not bearing with the earning capacity of the deceased and, therefore, this appeal is apparently frivolous and has been filed knowing very well that there is no co-relation between the income of the deceased and the amount of compensation which is fixed under the Rules of 1990.

Thus, this appeal being frivolous is dismissed with cost of Rs.10,000/- (Rupees Ten Thousand Only) to be deposited by the Union of India through General Manager, West Central Railway, Jabalpur for filing a frivolous appeal.

Let, this cost be recovered from the West Central Railway, if it is not paid within thirty days and deposited in the High Court Legal Services Authority, then Secretary of the High Court Legal Services Authority will be entitled to recover this cost as arrears of land revenue.

Railway Administration will be free to take action against the person who had given opinion to file the said appeal on a frivolous ground contrary to the Rules.

(VIVEK AGARWAL) JUDGE Tabish

Signature Not Verified SAN

Digitally signed by MOHD TABISH KHAN Date: 2022.12.14 19:19:43 IST