JOSE VELLARA Vs. UNION OF INDIA

JUDGEMENT

(1.) The injured -claimant in O.A.No.215 of 2002 on the files of the Railway Claims Tribunal, Ernakulam filed the captioned appeal on being dissatisfied with the amount of compensation granted thereunder. He filed the said original application seeking an amount of Rs.3,00,000/ - as compensation to the injuries sustained by him in a train accident that occurred at Kadalundi on 22.6.2001. On that day, he was travelling in Mangalore -Chennai Mail Train No.6602. The fact that the said train involved in an accident on 22.6.2001, the appellant was a passenger thereon and that he sustained injuries, are not in dispute. Ext.A2 is the certificate dated 27.6.2001 issued from Koyas Hospital, Feroke. It would reveal that in the said accident, the appellant sustained the following injuries: - Contusion Lt. Eye, Lt. conjuctual haemorrhage, abrasion below (L) eye, Pain (L) shoulder.

(2.) Ext.A3 discharge summary issued from Amala Cancer Hospital & Research Centre, Thrissur would also reveal that he had a head injury (Lt.), black eye and Subconjuctual Haemorrhage. He also took up a contention that in the accident, he lost a purse containing an amount of Rs.16,822/ -. He had been an inpatient from 23.6.2001 to 26.6.2001. It is in the said circumstances that the appellant filed the above original application seeking compensation of Rs.3,00,000/ -.

(3.) To establish his claim, he got himself examined as PW1 and got marked Exts.A1 to A4. On the side of the respondents, no evidence, either oral or documentary, was adduced. The Tribunal found that the appellant -injured had not sustained any scheduled injury and the injuries sustained by him are only minor injuries. In such circumstances, it was found that the claim of Rs.3,00,000/ - is highly exorbitant and considering the nature of the injuries as also the mental agony and pain suffered by him, an amount of Rs.20,000/ - was awarded with interest @ 6% per annum from 15.7.2002, the date of registration of the case till payment. It is dissatisfied with the said quantum of compensation that the captioned appeal has been filed.