Karnataka High Court
The Union Of India vs Smt M Sreedevi W/O Sri M Narayana Reddy on 9 November, 2012
Author: N.Ananda
Bench: N.Ananda
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 09TH DAY OF NOVEMBER 2012
BEFORE
THE HON'BLE MR.JUSTICE N.ANANDA
M.F.A.No.2967/2009 (RCT)
BETWEEN:
The Union of India
Rep. by its General Manager
South Western Railway
Hubli ... Appellant
(By Sriyuths N.S.Sanjay Gowda & Byregowda N., Advocates)
AND:
Smt.M.Sreedevi
W/o Sri M.Narayana Reddy, 50 Years
No.766, OPH Road, Kadugodi
Bangalore - 560 067. ...Respondent
(By Smt.S.Seethalakshmi, Advocate)
This appeal is filed under section 23(1) of Railway
Claims Tribunal Act, to set aside the award dated
27.02.2009, passed in O.A.No.113/2007, on the file of the
Railway Claims Tribunal, Bangalore Bench, awarding
compensation with interest.
This appeal coming on for hearing this day, the court
delivered the following:
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JUDGMENT
The only question raised in this appeal is regarding quantification of compensation for injuries suffered by claimant, which are as follows:-
1. Cut lacerated wound approx. 4 cms on left side of upper lip.
2. Loss of both upper medial incisors + right upper lateral incisor teeth.
3. Fracture of bilateral lateral wall of maxillary sinus.
4. Fracture of bony nasal septuar wall.
5. Fracture of nasal bone with adjacent soft tissue swelling.
2. The learned counsel for appellant would submit that injuries are non-schedule injuries, in terms of Rule 3 of the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990 (for short, 'the Rules'), total compensation in respect of all the injuries (non-schedule injuries) shall not exceed Rs.80,000/-.
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3. The Railway Claims Tribunal for the purpose of quantification of loss of three teeth has taken guidance from item No.5 of Part III of Schedule, wherein compensation of Rs.1,20,000/- is provided for loss of thumb. The Railway Claims Tribunal has awarded compensation of Rs.1,20,000/- for three fractures as aforestated, for which purpose, the Tribunal has taken guidance from item No.26, which is provided for fracture of Spine without paraplegia.
4. It is obvious, the Railway Claims Tribunal has not looked into the provisions of Rule 3 of the Rules. Therefore, I am of the considered opinion that the Railway Claims Tribunal has to re-assess compensation by taking into consideration the provisions of Rule 3 of the Rules and also compensation determined for various injuries in Part-III of the Schedule.
5. The appellant has not disputed that claimant is entitled to compensation to Rs.80,000/-. The grievance of 4 appellant is that compensation in excess of Rs.80,000/- should not have been awarded.
6. As the matter is under remand, there is no need for me to quantify compensation. Therefore, it would be appropriate to permit the claimant to withdraw a sum of Rs.80,000/-, which is not disputed part of compensation.
7. In the result, I pass the following:-
ORDER The appeal is accepted. The impugned award is set aside. The matter is remanded to the Railway Claims Tribunal, Bangalore Bench for re-determination of compensation in the light of the observations made herein and in accordance with law, within a period of three months from today, after hearing both parties. Parties are at liberty to adduce further evidence if they so desire. Office is directed to realise the amount kept in fixed deposit and transfer the same to the Railway Claims Tribunal. The Railway Claims Tribunal shall pay a sum of Rs.80,000/- with interest at 6% 5 per annum from the date of petition till the date of award and interest at 9% per annum from the date of award till the date of payment to claimant. The remaining amount shall be refunded to appellant.
Sd/-
JUDGE SNN