13th March, 2018, we noted the issue of
apparent conflict in Rathi Menon versus Union of India 3 and
Kalandi Charan Sahoo versus General Manager ... stated that there is a
conflict in the decisions in Rathi Menon (supra) and
Kalandi Charan Sahoo (supra) which needs
clarification. We have already taken
Rathi Menon vs Union Of India on 13 March, 2001
Equivalent citations: AIR 2001 SUPREME COURT ... Sethi
CASE NO.:
Appeal (civil) 1778-79 of 2001
PETITIONER:
RATHI MENON
Vs.
RESPONDENT:
UNION OF INDIA
DATE OF JUDGMENT: 13/03/2001
BENCH
Answering the same, the Apex Court held as under:-
16. In Rathi Menon [Rathi Menon v. Union of India , (2001) 3 SCC 714, para ... untoward incident. Reversing the view [Union of India v. Rathi Menon, MFA No. 1292 of 1998, order dated 12-8-1999 (Ker)] taken
Answering the same, the Apex Court held as under:-
16. In Rathi Menon [Rathi Menon v. Union of India , (2001) 3 SCC 714, para ... untoward incident. Reversing the view [Union of India v. Rathi Menon, MFA No. 1292 of 1998, order dated 12-8-1999 (Ker)] taken
ground that in view of the decision of this
court in Rathi Menon Vs. Union of India [(2001) 3 SCC 714], the
claim for compensation ... application till the date of judgment
following the decision in Rathi Menon 's case (supra).
6. The Division Bench of the Kerala High Court
prescribed‖ on the account of untoward
accidents. In Rathi Menon v Union of India11 , the question before a two judge Bench ... Rina Devi12 ,
considered an apparent conflict between the judgments in Rathi Menon and Kalandi
Charan Sahoo v General Manager, South-East Central Railway, Bilaspur13
(―Kalandi
adjudication,
would be applicable. This view is fortified by Dhannalal (supra). Rathi Menon v.
Union of India : (2001)3 SCC 714 was another decision that ... wherein, following the decision
of the Supreme Court in Rathi Menon (supra), it was held that amount of fixed
compensation as made available
Amendment Act, 28 of 1994. Supreme Court in the case of Rathi Menon
vs. Union of India (2001) 3 SCC 714 spelling out the purpose ... stated that there is a
conflict in the decisions in Rathi Menon (supra) and Kalandi
Charan Sahoo (supra) which needs clarification. We have
already taken
Amendment Act, 28 of 1994. Supreme Court in the case of Rathi Menon
vs. Union of India (2001) 3 SCC 714 spelling out the purpose ... stated that there is a
conflict in the decisions in Rathi Menon (supra) and Kalandi
Charan Sahoo (supra) which needs clarification. We have
already taken
that interest is required to be paid,
the premise on which Rathi Menon [Rathi Menon v. Union of
India , (2001) 3 SCC 714, para ... itself be a ground for condonation of delay.
Seeming conflict in Rathi Menon [Rathi Menon v. Union of India ,
(2001) 3 SCC 714, para
