S.K.S. BEDI Vs. UNION OF INDIA

JUDGEMENT

(1.) This is the first appeal filed against the judgment dated 02.04.2004 passed by the learned Railway Claims Tribunal, Chandigarh Bench, Chandigarh (for short "the Tribunal") vide which on account of injuries sustained by the appellant, a compensation Rs.50,000/- was allowed along with interest @ 6% per annum from the date of the said order, after the expiry of 60 days.

(2.) The admitted facts of the present case is that the appellant, who happens to be an Advocate by profession, was travelling in a train which met with an accident on 09.09.2002 near Rafiganj Railway Station. As a result of the accident, the appellant was trapped in the bogie and stated to have remained trapped there for nearly 12 hours. As per the medical report, the appellant has suffered two fractures on the right foot along with dislocation. In this way, three injuries were sustained on the right foot of the appellant. The right ankle was found swollen and its movement was painful. The said injury is non-scheduled injury. Therefore, considering the proviso of Sub-Rule 3 of Rule 3 of the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990 (for short "the Rules, 1990"), a compensation of Rs. 50,000/- was allowed along with interest @ 6% per annum from date of passing of the order.

(3.) I have heard the appellant in person and learned counsel for the respondent and have carefully gone through the case file.