Janaki Gouda vs Union Of India
2023 Latest Caselaw 5451 Ori

Citation : 2023 Latest Caselaw 5451 Ori
Judgement Date : 8 May, 2023

Orissa High Court

Janaki Gouda vs Union Of India on 8 May, 2023

                      IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   FAO No.5 of 2021

            Janaki Gouda                                ....        Appellant
                                                    Ms.D.Mohapatra, Advocate

                                         -versus-

            Union of India                              ....      Respondents
                                                             Ms.S.Patra, CGC

                        CORAM:
                        JUSTICE B. P. ROUTRAY
                                       ORDER

08.05.2022 Order No.

02. 1. The matter is taken up through Hybrid mode.

2. Heard Ms.Mohapatra, learned counsel for the Appellant and Ms.Patra, learned CGC for the Respondent-Union of India.

3. Present appeal by the injured-Claimant is directed against impugned judgment/award dated 22nd December, 2020 passed by the Railway Claims Tribunal, Bhubaneswar Bench, in OA (IIU) 277 of 2017, praying for enhancement of the compensation amount.

4. The Tribunal has directed for payment of Rs.1,00,000/- along with interest @ 6% from the date of accident.

5. The Claimant lost all the toes of her left foot and as per the discharge certificate it is De-gloving injury. But the Tribunal has treated the same as non-scheduled injury. Having seen the photograph produced by Ms. Mohapatra in course of hearing, which is kept on record, this Court is of the opinion that the

injury falls within the category of serial No.28 of the Schedule as per Rule-3 of the Railway Accidents and Untoward Incidents (Compensation) Rules, 1998. Accordingly, this Court enhances the compensation amount to Rs.1,60,000/- as per the Schedule.

6. The enhanced compensation amount of Rs.1,60,000/- shall be paid along with simple interest @6% from the date of accident i.e. 16th April, 2017 till the date of realization. The amount of compensation shall be paid in favour of the Claimant keeping 50% of the amount in fixed deposits in any Nationalized Bank for a period of six years.

7. The appeal is accordingly disposed of.

8. Urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge S.Das

SANGRAM DAS Digitally signed by SANGRAM DAS Date: 2023.05.09 12:56:02 +05'30'