UNION OF INDIA Vs. B K OJHA

JUDGEMENT

(1.) THIS and the connected writ petition have been filed by the Union of India against the order of the Claims Commissioner in compensation proceed ings under the Indian Railways Act.

(2.) IN writ petition No. 1645 of 1970 the facts are these. On the night between June 20 and 21. 1969 the 6 Down Allahabad-Gorakhpur Express met with an accident resulting in the death of some persons and injuries to others. A Claims Commissioner was appointed by the Central Government under Section 82-B of the Indian Railways Act. The first res pondent, B. K. Ojha, made an application for compensation under Section 82-C of the Act claiming that he was one of the injured persons and alleging that in con sequence of the accident he had received bodily injuries and that he had to be treated in the hospital for a number of days. The application was opposed by the petitioner. On February 23, 1970 the Claims Commissioner made an order hold ing that the claimant had proved that he had suffered serious injury and great pain and suffering, including mental suffering, on which account he was entitled to Rs. 3,000/- as compensation, that he had also suffered a loss of goods and cash for which he was entitled to compensation in the sum of Rs. l.000/- and he had been on medical leave from June 21. 1969 to August 18. 1969 which resulted in loss of salary for which the compensation should be Rs. 765/-. Accordingly, he awarded Rs. 4,765/- as compensation.

(3.) LEARNED counsel for the peti tioners has raised two contentions. One contention is that there was no jurisdic tion in the Claims Commissioner to award compensation for pain and suffering and loss of salary or earnings, and the other is that the loss of cash and goods cannot be immediately or directly attributed to the railway accident.