SABITRI SAHOO Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) In this case a railway accident took place on 26th Nov., 1998 whereunder son of the appellant, who was a signalman in the army, died. The appellant filed a claim before the Railway Claims Tribunal. The Railway Claims Tribunal awarded a sum of Rs. 1,84,000.00 with interest @ 9% p.a. The appellant filed an appeal in the High Court. The appeal has been dismissed by the impugned order. Hence this appeal.

(3.) The question for consideration before us is whether the amount of compensation laid down in the Railway Accident (Compensation) Rules, 1990 is to be the compensation which must be granted or the Court has the discretion to grant lower compensation. Sec. 124 of the Railways Act, inter alia, provides that the compensation is to be to as prescribed. The compensation has been prescribed by the Rules mentioned hereinabove. The relevant Rule reads as follows:-