Rajasthan High Court
Hajari Lal vs U O I on 16 December, 2021
Bench: Sanjeev Prakash Sharma
(1 of 2) [CMA-4376/2015]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No.4376/2015
Hazari Lal son of Shri Bhav Singh, aged about 61 years, resident
of Ataheda Police Station Depalpur, Tehsil Depalpur, District
Indore (Madhya Pradesh)
----Appellant
Versus
Union of India through the General Manager, North West Railway,
Jaipur
----Respondent
For Appellant(s) : Mr. Ajay Shukla
For Respondent(s) : Mr. Shailesh Prakash Sharma
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
16/12/2021
1. This is a claimant's appeal seeking enhancement of the
amount awarded by the Tribunal.
2. Learned counsel for the appellant submits that apart from
the amount for amputation of leg, the Tribunal ought to have
awarded the amount for medical expenses and other injuries
which have been caused and submits that at least Rs.80,000/-
should have been added as per the schedule existing at that
relevant time.
3. Per contra, learned counsel appearing for the Union of India
submits that the claim set up by the appellant before the Tribunal
was for total sum of Rs.2 lacs alone and therefore, claim now
being set up for Rs.2,40,000/- is not maintainable.
4. I have considered the submissions and find that Tribunal vide
its order dated 26.08.2015 found that the claim is admissible to
(2 of 2) [CMA-4376/2015]
the extent of Rs.1,60,000/- on account of amputation of leg
caused due to railway accident. The Tribunal has however failed to
grant any amount for medical expenses incurred by the appellant.
5. A look at the statement of the injured claimant Hazari Lal
shows that he has stated in his affidavit that on account of the
incident, his left leg was amputated and for the other injuries he
had to undergo medical treatment for which he incurred Rs.40-
50,000/- and he has become disabled.
6. Thus, this court finds that at least Rs.40,000/- ought to have
been added for medical expenses which can be said to have been
reasonably incurred on account of amputation of leg and other
treatment.
7. Keeping in view thereto, the judgment passed by the Railway
Claims Tribunal, Jaipur Bench dated 26.08.2015 is modified and
an amount of Rs.40,000/- is added to the amount awarded by the
Tribunal. The interest as directed by the Tribunal to be paid shall
comply to the total amount of Rs.40,000/- also. Accordingly, the
total amount of Rs.2 lacs is to be awarded as compensation to the
claimants alongwith the interest @ 9% p.a. The Railways shall
now release the additional amount of Rs.40,000/- and the interest
thereto @9% p.a. from the date of filing of the claim petition.
8. The civil misc. appeal is accordingly disposed of.
(SANJEEV PRAKASH SHARMA),J
Karan/21
Powered by TCPDF (www.tcpdf.org)
