SANKAR BALL Vs. UNION OF INDIA

JUDGEMENT

(1.) THE appellant was a bona-fide passenger on 103 Up Delux Express and he sustained multiple injuries as a result of the collision which took place between the said train and Up CPC Special at Naini Railway Station on 10th October, 1977 at 00.15 hours. THE appellant filed an application for compensation under section 82-A of the Indian Railways Act, 1890, hereinafter called the Act.

(2.) THE Ad hoc Claims Commissioner, Northern Railway, Allahabad by means of his judgment and order dated 20th May, 1978, allowed the claim of the appellant but awarded a sum of Rs. 4,000/- only as compensation for all the injuries sustained by the appellant

(3.) IT is not disputed that the appellant received three kinds of injuries and out of the said injuries two were of very serious nature, though un-scheduled. In one of the injuries sustained by the appellant in his left foot septic developed with the result the appellant had to remain in hospital during the period between 10th October, 1977 and 14th November, 1977. The third injury sustained by the appellant was a fracture of the pelvic.