BEENA Vs. UNION OF INDIA

JUDGEMENT

(1.) The appellant is the claimant in O.A.No.(llu)/ERS/2014/0065 on the file of the Railway Claims Tribunal, Ernakulam Bench, an application filed by her under section 16 of the Railway Claims Tribunal Act, 1987, claiming payment of the sum of Rs.7,00,000/ - as compensation for the injuries sustained by her in an untoward incident. After entering a finding that the claimant was a bonafide passenger, the Railway Claims Tribunal awarded her the sum of Rs.4,00,000/ - as compensation and directed the respondent to pay the said amount together with interest at 9% per annum from the date of registration of the claim petition till payment, within 60 days from the date of the order, failing which it was held that the claimant will be entitled to interest at 10% per annum from the date of default. The claimant has, dissatisfied with the quantum of compensation awarded by the Railway Claims Tribunal, filed this appeal.

(2.) Shri R.T. Pradeep, learned counsel appearing for the appellant raised only one contention. He contended that though compensation has been paid as per rule 3 of the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990, hereinafter referred to as 'the Rules' for short, in respect of the scheduled injuries, viz. below knee amputation and amputation of the fingers of the right hand except the thumb, no compensation has been awarded for the non scheduled injuries, viz. traumatic spondylolisthesis with radiculopathy. Learned counsel submitted that as there was partial dislocation of L4 and L5 vertebrae as a result of the very same untoward incident and it is a non scheduled injury, the tribunal ought to have awarded compensation for the said injury under sub -rule (3) of rule 3 of the rules. Learned counsel contended that as a result of the said non scheduled injury, the claimant has pain in the lower back with sensory blunting over both the buttocks.

(3.) It is not in dispute that in terms of the stipulations contained in rule 3(2) of the rules, the appellant/claimant has been awarded the maximum permissible compensation of Rs.2,00,000/ - each for loss of four fingers of one hand (falling under item 7 in Part III of the Schedule to the rules) and for amputation below knee of the right leg (falling under item 20 in Part III of the Schedule). The appellant has thus been awarded a total compensation of Rs.4,00,000/ -. Though at first blush, it may appear that the appellant is entitled to be compensated for the non scheduled injury referred to above and sub - rule (3) of rule 3 of the rules indicates that compensation is payable in respect of non scheduled injuries and the maximum compensation payable for all such injuries is also stipulated (Rs.80,000/ -), in view of the fact that the claimant was awarded a total compensation of Rs.4,00,000/ -, though in respect of two scheduled injuries, having regard to the stipulations contained in rule 4, we are of the opinion that no further compensation can be awarded to her. Rules 3 and 4 of the rules are extracted below: