CHANDRASEKHARAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant was injured on 16.9.1995, in an untoward incident as defined in the Railways Act, 1989. Though the Tribunal noted that as per the entries at items 5 and 9 in Part III of the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990, for short, the "Compensation Rules"; he was entitled to a total compensation of Rupees One Lakh, for loss of a thumb and two fingers, it awarded only Rs.58,000/- with 6% interest per annum from 10.10.1996, the date of registration of the case, till payment, on the premise that the applicant had claimed only such amount in his application for compensation filed under section 16 of the Railway Claims Tribunal Act, 1987, for short, the "Tribunal Act". He challenges the quantum.

(2.) Supporting the appeal, it is argued that the Tribunal ought not to have restricted the compensation amount from what is provided as per the Compensation Rules, merely on the premise that the applicant had not applied for amendment of his application for compensation. It is also argued that an amount of Rupees Two Lakhs ought to have been awarded as compensation, having regard to the amendment that came into force with effect from 1.11.1997, to the Rules.

(3.) Per contra, it is argued on behalf of the Railways that the incident having occurred before the 1997 amendment to the Compensation Rules, compensation as per the amended rate is not available at all, and that the impugned award restricting the amount to the extent of the claim made, is the result of the applicant's failure to amend the application.