LAWS(KAR)-1997-3-46

C LINGE GOWDA Vs. UNION OF INDIA

Decided On March 17, 1997
C.LINGE GOWDA Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THIS is an appeal from the order of the Railway Accidents Claims tribunal, Bangalore Bench, in T. A. No. 389 of 1990, whereby, the tribunal has disposed of the appellant's application for claim under Railway accidents Claims Tribunal Act. The claim was originally filed before the Lucknow Bench of the railway Claims Tribunal and thereafter, was transferred to the Bangalore bench.

(2.) THE claimant in this claim petition has alleged that he was a bona fide passenger in Karnataka Express which was involved in accident at lalithpur on 18-4-1989, and that he had sustained injuries as a result of the accident. He made a claim to the tune of Rs. 90,000/- for injuries and rs. 500/- for loss of articles. The claim petition has been contested on the ground that the quantum of compensation claimed was excessive.

(3.) THE Tribunal after considering the material on record opined that ends of justice will be met by awarding the claimant compensation to the tune of Rs. 10,000/ -. It further held that loss of articles has not been established, so claim for loss of articles was rejected and claim for compensation for injuries was awarded to the tune of Rs. 10,000/-, with a direction to the Railways to pay that amount within three months. Feeling dissatisfied with the quantum of compensation awarded, the claimant-petitioner has come up in appeal.