UNION OF INDIA Vs. MASZOOD ALI

JUDGEMENT

(1.) Heard Sri Jitendra Shanker Pandey, holding brief of Sri Tarun Verma for the appellant; Sri S.M. Ali for the respondent and perused the record.

(2.) The instant appeal has been filed by the employer (the Railway Administration) against the order dated 29.03.2001 passed by the Workmen Compensation Commissioner & Asst. Labour Commissioner, Jhansi Region, Jhansi in W.C. Case No. 11 of 1999 by which the appellant has been directed to deposit of Rs. 2,44, 944/- with interest at the rate of 6% from the date of accident as compensation payable to the claimant-respondent for the injuries which he suffered in an accident that occurred on 19/20.11.1997.

(3.) A perusal of the lower court record reveals that the claimant-respondent filed a claim under the Workmen Compensation Act, 1923 (now, Employees Compensation Act, hereinafter referred to as the Act) alleging therein that he was employed as a driver in the Railways. On 19/20.11.1997, while he was taking Train No. 2779 Down (Goa Express) from Jhansi Junction to Nizamuddin, after crossing Agra Junction and before Mathura Junction, between Gate No. 555 and Gate No. 556, the Goa Express Engine dashed into a standing Inter-City Express. As a result of which, the entire dash board of the Goa Express Engine got damaged in which the left leg of the claimant got caught and it had to be amputated to take out the claimant from the Engine. Based on the disability caused, the age and the salary of the claimant, a compensation of Rs 1,87,764/- was sought apart from penalty, etc.