LAWS(DLH)-2014-5-253

UNION OF INDIA Vs. SHAMBHAJI RAO

Decided On May 26, 2014
UNION OF INDIA Appellant
V/S
Shambhaji Rao Respondents

JUDGEMENT

(1.) THIS first appeal is filed under Section 23 of the Railway Claims Tribunal Act against the judgment of the Tribunal dated 09.1.2014, by which the Tribunal has awarded the compensation to the respondent No.1/claimant for three fractures suffered. The relevant paras are 12 and 13 of the impugned judgment which reads as under: -

(2.) THE only argument urged on behalf of the appellant/Railway is that as per entry 30, a total sum of Rs.80,000/ - is given for all fractures and, therefore, the Tribunal has erred in multiplying the amount of Rs.80,000/ - three times.

(3.) SINCE in the present case, there are 3 separate fractures at three places as stated in para 12 of the impugned judgment, therefore, I do not find any merit in the appeal that only Rs.80,000/ - had to be awarded by the Tribunal. The appeal is therefore dismissed, leaving parties to bear their own costs. Since the appeal is dismissed, these two applications are also dismissed.