KAILASH SHUKLA Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is the first appeal from order dated 10-1-1979 passed by the learned Ad-Hoc Claims Commissioner, Allahabad (herein after referred to as, the Commissioner) awarding compensation aggregating to Rs. 10,000/- for loss of property and for pain and suffering caused to the claimant from the accident with the train, in which she travelled, had met on 10-10-1977. The claimant sustained two fractures besides other minor injuries and her V.I.P. Suit-Case containing jewellery and other articles was lost.

(2.) CONSIDERING the evidence available on record, the Commissioner awarded compensation to the extent of Rs. 4,500/- for the loss of property and Compensation of Rs. 5,500/- for the pain and suffering caused to the claiman from the injuries that she sustained. Aggrieved, the claimant has filed th instant appeal.

(3.) FOR the injuries, the Commissioner awarded Compensation aggregating to Rs. 5,500/-. learned Counsel for the appellant adverted my attention to Railway Accidents (Compensation) Rules, 1950 (Briefly, the Rules, 1950) Rule 6, Sub-rule (3) in part 111 of the Rules 1950 came up for interpretation before the Calcutta High Court in the Case of Union of India v. Adhoc Claims Commissioner and Ors. A.I.R. 1977 Calcutta 39 and then it was held that the word "any" occurring in Sub-rule (3) of Rule 6 of the Rules 1950 could not be read as "all" and therefore, for each injury the Compensation to the maximum limit of Rs. 10,000/- could be awarded. Then it was argued that the same High Court took the same view again and a warded Rs. 10,000/- for such type of injury and therefore, the Compensation of Rs. 10,000/- for each injury should be awarded to the claimant by the Commissioner. I have called upon learned Counsel for the appellant to point out as to what guidelines have been provided by the Calcutta High Court in the Case Union of India v. Adhoc Claims Commissioner (Supra) to award that maximum amount of Compensation. He has stated that no guidelines were provided in the said decision, fn the absence of any guiding principles, it is not safe to rely on the said authority and award the mxaimum Compensation of Rs. 10,000/- for each injury. However, looking to the materials available on record, I feel that the Compensation aggregating to Rs. , 5,500/- for the two fractures resulting into pain and suffering to the Claimant was inadequate.