UNION OF INDIA Vs. ANIL KUMAR GUPTA

JUDGEMENT

(1.) In this appeal order dated 31.8.1998, in O.A. No. 417 of 1997, by the Railway Claims Tribunal, Bhopal Bench, Bhopal, has been challenged.

(2.) It appears that claimant-respondent Anil Kumar Gupta with minor Sumit Kumar were travelling by A.P. Express on 16.6.1997. The said train met with an accident resulting in grievous injuries to minor Sumit Kumar. He suffered comminuted depressed fracture on the posterior parieto-occipital bone with some depressed bone fragments extending into the cranium. The minor through his father respondent Anil Kumar Gupta filed a claim petition under section 125 of the Railways Act, 1989.

(3.) The learned Tribunal held that the minor had gone into coma. He has been deprived of all his capacity to do any work in future. It was also observed by the learned Tribunal that the injury was not specified in Part II or Part III of the Schedule. Therefore, as per rule 3 (2) of the Railway Accidents (Compensation) Rules, 1990, compensation of Rs. 2,00,000 deserves to be awarded. The learned Tribunal further awarded interest at the rate of 12 per cent per annum on the above amount from the date of petition, till date of payment.