SUNIL KUMAR GHOSH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an appeal under Section 82-F (2) of the Indian Railways Act against dismissal of a claim made in accordance with Section 82-C for award of compensation under Section 82-A of the Act.

(2.) THE appellant Sunil Kumar Ghosh boarded 33 Down Indore-Bilaspur Express at Indore on 22-2-1976, in which he was travelling upto Katni on way to Satna, where he was employed as an Engineer. On the morning of 23-2-1976 at about 6. 15 A. M. , when the train was at Jabalpur railway station, the appellant was involved in an accident, as a result of which his right hand, was badly crushed. He was rushed to the Victoria Hospital at Jabalpur for treatment. However, his right hand had to be amputated above the elbow. The appellant then preferred a claim for award of compensation under Section 82-A of the Indian Railways Act before the Claims Commissioner, Railways at Jabalpur (Distt. Judge, Jabalpur ). That claim has been dismissed. Hence this appeal.

(3.) THE only question involved, in this appeal is whether Section 82-A of the Indian Railways Act applies to the present case. There is no dispute that in case Section 82-A is attracted, then the appellant is entitled to the award of Rs. 35,000/- as compensation, which is payable in respect of the personal injury sustained by him, namely, amputation of the right arm above the elbow in accordance with item no. (iii) in Part III of the Schedule to the Railway Accidents Compensation Rules 1950 read with Rule 6 therein. The dispute, however, is about the applicability of Section 82-A of the Act.