LAWS(SC)-2019-11-168

UNION OF INDIA Vs. DILIP

Decided On November 29, 2019
UNION OF INDIA Appellant
V/S
DILIP Respondents

JUDGEMENT

(1.) Leave granted. This appeal challenges the order dtd. 20/6/2017 passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur in First Appeal No.145 of 2010. While allowing the appeal, the High Court observed as under:

(2.) In effect, the High Court awarded compensation taking Rs.8.00 lakhs to be the base figure and granted interest @ 7.5% per annum from the date of lodging the claim application, to arrive at the aggregate sum of compensation. The question, whether in respect of accidents that occurred before the Railways Accidents and Untoward Incidents (Compensation) Rules, 1990 were amended w.e.f. 27/12/2016, the amount of compensation has to be arrived, taking into account the base figure of Rs.4.00 lakh or Rs.8.00 lakhs was considered by this Court in Union of India v. Rina Devi (2019) 3 SCC 572 : (AIR 2018 SC 2362)]. The issue was considered by this Court in paragraphs 18 and 19 as under:

(3.) In the circumstances, the operative part of the directions issued by the High Court is not consistent with the law laid down by this Court. Consequently, we allow this appeal and direct that the compensation be computed taking interest @ 7.5% per annum in accordance with both the modalities namely;