UNION OF INDIA Vs. AD HOC CLAIMS COMMISSIONER

JUDGEMENT

(1.) A major train accident occurred on January 29, 1975 at Ultadanga Road Station by collision between two passenger trains. The accident was attended with loss of human life and grievous injury to passengers as also loss of property. The Railway Administration appointed an Ad-hoc Claims Commissioner (hereinafter referred as Claims Commissioner) for determination of claims for compensation made by the passengers for personal injury as also for loss of property on account of the accident. The Claims Commissioner held sittings when evidence was adduced by the victims in support of their respective cases in respect of the compensation payable by the Railway for injury to person and loss of property caused by the accident. The Claims Commissioner determined the compensation payable by the Railway Administration to the passengers before him on account of personal injury suffered by them as also for loss of goods. The Railway Administration was dissatisfied with the determination of such compensation which according to the Railway was not authorized by the provisions of the Indian Railway Act, 1890 and the rules made thereunder. Accordingly the Union of India moved this Court by applications under Article 227 of the Constitution against the several orders for compensation and the Rules before us were issued on those applications for appropriate orders and directions. The Rules involving common questions of law and similar questions of facts have been heard before us together and will be governed by this judgment.

(2.) The liability of Railway Administration in respect of accidents to trains carrying passengers is provided in sections 82A to 82J of the Indian Railways Act, 1890. Section 82-A provides in sub-section (1) that the Railway Administration shall be liable to pay compensation for death and for personal injury and loss of accompanying goods owned by the passenger sustained as a result of such accident. Sub-section (2) provides that the liability of the Railway Administration shall in no case exceed rupees fifty thousand in respect of any one person. Sec. 82-B provides for appointment of a Claims Commissioner for the local area. The applications for compensation has been provided in Section 82-C including claims for interim relief. Section 82-D provides for procedure and powers of the Claims Commissioners who shall have all the powers of a Civil Court for enforcing the attendance of witnesses and compelling the discovery and production of documents and material objects and also power to appoint persons possessing special knowledge to assist him in holding the inquiry. Sec. 82-E provides for interim compensation as may be deemed reasonable by the Claims Commissioner. The Claims Commissioner under sub-section (1) to section 82-F is to determine the liability of the Railways to pay compensation under section 82A and the amount and person to whom such compensation would be payable. Sub-section (2) provides for appeal to the High Court by the person aggrieved against the decision of the Claims Commissioner but the High Court shall not be authorized to grant compensation in excess of the limit specified in Section 82-A. Section 82-G lays down the procedure for recovering and payment of compensation. Sec. 82-H provides that the right of any person to claim compensation under section 82-A shall not affect his right to compensation under any other law for the time being in force but no person shall be entitled to claim compensation more than once in respect of the same accident. Section 82-H provides for interim relief by the Railway Administration while section 82-I is a bar to legal proceedings against any person for anything done in good faith under the foregoing sections. Section 82-J provides for the power to make rules by the Central Government to carry out the object of sections 82-A to 82-H inclusive.

(3.) The Central Government in pursuance thereof framed Rules called the Railway Accidents (Compensation) Rules, 1950. We are concerned in these cases with Part III thereof which provides for rates for compensation in Rules 6 and 7 and the Schedule thereof. The said Rules prior to subsequent amendment mentioned hereinafter were as follows:- "Rules 6. (1) The amount of compensation payable in respect of death or for injuries causing partial disablement or total disablement shall be at the rates set out in the schedule. Provided that where more than one injury is caused by the same accident compensation shall be payable in respect of each injury but so that the aggregate amount of compensation does not exceed the amount which would have been payable if a total disablement had resulted from such injuries. Provided further that where compensation has been paid for any injury which is less than the amount which would have been payable as compensation if the injured person had died and that person subsequently dies as a result of injury, a further compensation equal to the difference between the amount payable and that already paid shall become payable. (2)In case of partial disablement arising out of an injury not specified the part II of the schedule such percentage of compensation payable in the case of a total disablement as is proportionate to the loss of earning capacity permanently caused by the injury shall be payable. (3)The amount of compensation payable in respect of injuries causing temporary disablement, total or partial, or of injuries resulting in pain and suffering without causing any disablement, shall be such as the Claims Commissioner may, in all the circumstances of the case, determine to be reasonable. Provided that such compensation shall in no case exceed 3/5 of the amount prescribed for total disablement in part I of the Schedule: Rule. 7 COMPENSATION FOR LOSS OF GOODS AND ANIMALS: Compensation for loss or destruction or deterioration of goods or animals shall be paid to such extent as the Commissioner in the circumstances deems reasonable, provided that such compensation together with any compensation payable for personal injury shall not, in respect of any one person, exceed the limit specified in sub-sec. (2) of Section 82A." In the schedule there are two parts. Part I provided for compensation for death or total disablement and such compensation was linked with monthly income of the injured person. Part II provided for partial disablement and loss of limb or member of complete loss of use thereof as specified percentage of the amount of compensation payable for total disablement ranging from 70% for loss of right arm above at the elbow to 5% for loss of a finger other than index finger.