A K DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Reconstructed record of the Tribunal not received. Learned counsel for the appellant state that record of the Tribunal is not required as he is arguing purely the legal issue.

(2.) The short prayer of the appellant is that the said Rules were amended w.e.f. 1.11.1997 by way of notification and for Rs.40,000/-, Rs.80,000/- were substituted in the said proviso. The learned counsel for the appellant has also relied upon the authority of the Hon'ble Supreme Court in Rathi Menon vs. Union of India, 2001 ACJ 721 , wherein the Supreme Court has taken the view that in case of grant of compensation in untoward incident in the Railway, the time of determination of compensation is relevant to decide as to what compensation is payable. As the claim petition was filed on 10.11.1997 and decided on 26.2.1998. Therefore, in view of the said amendment in the Rules, the appellant is entitled to compensation of Rs.80,000/-. The legal petition is not disputed by the respondents.