Mrs. Vemulapalli Meenakshi vs Union Of India
2023 Latest Caselaw 1666 Tel

             THE HON'BLE SRI JUSTICE T. VINOD KUMAR

AND THE HON'BLE SMT JUSTICE P.SREE SUDHA

CMA. No.473 of 2022

JUDGMENT:(per Hon'ble Sri Justice T.Vinod Kumar)

The present Civil Miscellaneous Appeal is filed against the order

dt.22.11.2019 in OA.II(U) No.227 of 2018 on the file of the Railway Claims

Tribunal, Secunderabad Bench, Secunderabad.

2. The appellant herein is the applicant before the Tribunal and the said

application being OA.II(U) NO.227 of 2018 is filed seeking compensation of an

amount of Rs.55 lakhs under the Railway Act, 1989.

3. The Tribunal, however, taking note of the provisions of the Railway Act,

1989, restricted the claim of compensation to a maximum sum of Rs.8 lakhs

as provided thereunder.

4. Aggrieved by the said restriction in granting compensation amount, the

appellant/applicant has come up by way of present appeal.

5. However, on this Court pointing out that since the Tribunal being the

creative of the Statute cannot go beyond the Act to award compensation on

account of restriction imposed thereunder, the learned counsel appearing on

behalf of the appellant seeks permission of this Court to withdraw this CMA

with liberty to file the Writ Petition challenging the provisions, imposing the

restriction in awarding compensation under the Railway Act, 1989, as being

in conflict with the provisions for payment of compensation under the Motor

Vehicles Act, 1988.

6. Granting liberty as sought for, the present CMA is dismissed as

withdrawn. No order as to costs.

7. Consequently, miscellaneous petitions pending, if any, shall stand

closed in the light of this final order.

___________________ T. VINOD KUMAR, J

_________________ P.SREE SUDHA, J 18th April, 2023

gra

THE HON'BLE SRI JUSTICE T. VINOD KUMAR AND THE HON'BLE SMT JUSTICE P.SREE SUDHA

CMA. No.473 of 2022 (per Hon'ble Sri Justice T.Vinod Kumar)

Dt.18.04.2023

gra