UNION OF INDIA Vs. LAXMIPATI AND ANOTHER

JUDGEMENT

(1.) First respondent's husband, late S. C. Pati, was travelling in Train No. 143 U. P. Kalinga Express on 15-9-1984. Between Zalwara and Katni Railway Stations, the train met with an accident as a result of which S. C. Pati sustained injuries and died. First respondent, for herself and on behalf of her two minor children, filed an application under Section 82 (A) of the Indian Railways Act, 1890 before the Claims Commissioner appointed under Section 82(B) of the Act (District Judge of the District). The Claims Commissioner, by Annexure-P-2 order upheld the claim and awarded Rs. 1 lac as compensation and directed the railways to pay the amount with interest at the rate of 6% from the date of application till payment. The direction for payment of interest is challenged by the Union of India in this petition.

(2.) The first respondent is absent. We have heard the learned Additional Central Government Standing Counsel. We have also heard Shri Abhay Sapre, Advocate who has been requested to assist the Court and place on record our appreciation of the assistance so rendered.

(3.) Indian Railways Act, 1890 did not originally contain any provision for payment of compensation or adjudication of claims by Claims Commissioner. Sections 82(A) to 82(J) were incorporated in the Act by Amendment Act No. III of 1943. These sections provided a scheme for assessment and payment of compensation to victims of railway accidents or their legal representatives. The maximum limit of compensation which could be awarded was fixed at Rs. 50,000/-. Section 82(B) empowered the Central Government to appoint Claims Commissioners. Section 82(C) dealt with application for compensation. Section 82(D) prescribed the procedure and powers of Claim Commissioners. The Claims Commissioner is required to follow such Summary Procedure as he thinks fit. He shall have all the powers of a Civil Court for the purpose of taking evidence on oath, enforcing attendance of witnesses and compelling discovery and production of documents. The Claims Commissioner shall be deemed to be a Civil Court for all the purposes of Section 194 and Chapter XXXV, C.P.C. Section 82(E) enabled the Claims Commissioner to pass interim orders. Section 82(F) enabled the Claims Commissioner to decide any question as to the liability of the railway administration to pay compensation or as to the quantum thereof or as to the person entitled to compensation. There was also a provision for appeal to the High Court. The Central Government framed Railway Accident (Compensation) Rules, 1950 under Section 82(J) of the Act. Rule provide for applications, examination of applicant, summary dismissal of application, notice to opposite party, appearance and examination of opposite party, framing of issues, determination of issues, method of recording evidence, local inspection, summary examination, maintenance of diary, etc. Rule 27 stated that if any matter is not covered by Rules or covered insufficiently by the rules, the Commissioner shall follow the procedure laid down in the Code of Civil Procedure. Section 82(A) of the Act of 1890 was amended by Amendment Act No. 44 of 1983 enhancing the limit of compensation to Rs. 1 lac.