UNION OF INDIA Vs. DEENAL

JUDGEMENT

(1.) This appeal is directed against the award of the Railway Claims Tribunal , Madras Bench, in O.A. II/2/1990 dated 3-12-1990. The Union of India represented by its General Manager is the appellant in the above appeal.

(2.) According to the claimant one Deenal, wife of Ramanathan, it was contended that she was travelling by train No. 92 7, Karnataka Express on 18-4-1989 from Katpadi to New Delhi in Second Class Sleeper Coach. The trian met with an accident on 18-4-1989 at 2.30 p.m. at Lalitpur in the course of which the claimant sustained injuries. In the application it was stated that she sustained fracture of pelvis bone and she was treated in several hospitals from 18-4-1989 to 30-5-1989 and later she undertook treatment at Christian Medical College Hospital, Vellore. She had also lost her personal belongings. Total compensation of Rs. 46,000/- was claimed.

(3.) In the counter filed by the Railways, the accident was admitted. The fact that the petitioner had received treatement in the hospitals as mentioned in the application for the injuries sustained by her was also admitted. But it was contended that the claimants did not suffer permanent or partial disability. Ex gratia payment of Rs. 2,000/- was made by the Railway Administration. The amount claimed as compensation was excessive. It was also contended that there was no loss of property as contended by the petitioner.