Rajasthan High Court - Jaipur
Union Of India Through The General ... vs Nasima Bano @ Nasima Parven W/O Late ... on 22 November, 2021
(1 of 3) [CMA-4048/2018]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No.4048/2018
Union Of India Through The General Manager, North Western
Railway, Jaipur (Raj)
----Appellant
Versus
1. Nasima Bano @ Nasima Parven W/o Late Mohammd
Shahid @ Soni, Aged About 26 Years, R/o F-19/20
Amarpali Society Makarpura Road Near Airforce Gate
Makarpura Barodra (Gujrat)
2. Master Sabir S/o Lt. Mohammd Shahid @ Soni, Aged
About 5 Years, R/o F-19/20 Amarpali Society Makarpura
Road Near Airforce Gate Makarpura Barodra (Gujrat)
3. Master Samsad S/o Lt. Mohammd Shahid @ Soni, Aged
About 2 Years, R/o F-19/20 Amarpali Society Makarpura
Road Near Airforce Gate Makarpura Barodra (Gujrat)
4. Kumari Saina D/o Lt. Mohammd Shahid @ Soni, Aged
About 6 Years, R/o F-19/20 Amarpali Society Makarpura
Road Near Airforce Gate Makarpura Barodra (Gujrat)
----Respondents
For Appellant(s) : Mr. S.N. Meena For Respondent(s) :
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Order 22/11/2021
1. Learned counsel for the appellant submits that the only question involved in the present appeal is with respect to the amount to be paid as compensation. He submits that prior to 01.01.2017, the amount of compensation as per statute was only Rs.4 lacs and the same was enhanced with effect from 01.01.2017 to Rs.8 lacs. The accident occurred on 14.04.2016. Thus, on the date when the accident occurred the compensation payable was (Downloaded on 25/11/2021 at 09:19:05 PM) (2 of 3) [CMA-4048/2018] only Rs.4 lacs, however, Tribunal has awarded compensation of Rs.8 lacs with interest. Learned counsel submits that if the higher amount is to be calculated then the award should have been only of Rs.8 lacs but no interest thereto have been awarded as the compensation applicable plus interest calculated thereto, would have resulted in a total amount which would have been less than Rs.8 lacs. The aforesaid principle has been carved out by the Supreme Court in the case of Union of India Versus Rina Devi reported in 2019 (3) SCC 572.
2. No one has put in appearance on behalf of the respondents.
3. By an interim order, the appellant has already deposited an amount of Rs.4 lacs alongwith interest @ 6% as awarded.
4. However, this court finds that the total amount on the date of award i.e. 18.05.2018 calculated from the date of accident would be much less even if compensation of Rs.4 lacs is considered.
5. In Union of India Versus Rina Devi (Supra), the Apex Court has held as under:-
"19. Accordingly, we conclude that compensation will be payable as applicable on the date of the accident with interest as may be considered reasonable from time to time on the same pattern as in accident claim cases. If the amount so calculated is less than the amount prescribed as on the date of the award of the Tribunal, the claimant will be entitled to higher of the two amounts. This order will not affect the awards which have already become final and where limitation for challenging such awards has expired, this order will not by itself be a ground for condonation of delay. Seeming conflict in Rathi Menon (supra) and Kalandi Charan Sahoo (supra) stands explained accordingly. The 4-Judge Bench judgment in Pratap Narain Singh Deo (supra) holds the field on the subject and squarely applies to the present situation. Compensation as applicable on the date of the accident has to be given with reasonable interest and to give effect to the (Downloaded on 25/11/2021 at 09:19:05 PM) (3 of 3) [CMA-4048/2018] mandate of beneficial legislation, if compensation as provided on the date of award of the Tribunal is higher than unrevised amount with interest, the higher of the two amounts has to be given."
6. Keeping in view above, the award passed by the Railway Claims Tribunal is modified and the judgment dated 18.05.2018 shall stand modified as under; the claimant shall be entitled to receive the higher compensation namely Rs.8 lacs. However, no interest shall be payable on the same. The amount of compensation of Rs.8 lacs would however carry interest @ 6 % from 16.08.2018 i.e. the date of filing of an appeal. The amount which has already been deposited by the appellant, shall be accordingly adjusted and shall be released in favor of the claimants. The process shall be completed within a period of four weeks.
7. The civil misc. appeal stands disposed of.
8. All pending applications, if any, shall stand disposed of.
(SANJEEV PRAKASH SHARMA),J Karan/43 (Downloaded on 25/11/2021 at 09:19:05 PM) Powered by TCPDF (www.tcpdf.org)