LAWS(KAR)-2012-10-219

UNION OF INDIA REP. BY ITS GENERAL MANAGER SOUTH WESTERN RAILWAY HUBLI - 580020 Vs. BHIMRAJ S/O. LATE RAYAPPA

Decided On October 03, 2012
Union Of India Rep. By Its General Manager South Western Railway Hubli - 580020 Appellant
V/S
Bhimraj S/O. Late Rayappa Respondents

JUDGEMENT

(1.) HEARD Sri Abhinay, Learned Counsel appearing for appellant and perused the records. The grievance of appellant is that claimant has been over compensated. The claimant had suffered simple injuries. Therefore, compensation of Rs. 50,000/ - granted by tribunal is on higher side.

(2.) I have gone through medical evidence and photographs of claimant, which would reveal that claimant, had suffered a deep cut injury on throat cut injuries on chest and also on the back of chest. The injuries are non schedule injuries. In terms of Rule 3 of the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990, the tribunal has discretion to award compensation up to Rs. 80,000/ -. The tribunal having considered nature of injuries, consequent pain and suffering, mental shock, duration of treatment and age of claimant has awarded compensation of Rs. 50,000/ -, which in my considered opinion does not call for interference. The appeal is accordingly dismissed.