CHANDER BHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The present appeal directs challenge against award dated 5.10.2016 to the limited extent that compensation assessed by the Railways Claims Tribunal, Chandigarh Bench, Chandigarh (in short "the Tribunal") is not in consonance with the provisions of Railway Accident (Compensation) Amendment Rules, 1997 (in short "the 1997 Rules").

(2.) Counsel for the appellant would argue that as the injured has been rendered 100% disable, in view of disability certificate produced on record, he is entitle to compensation under Rule 3(2) of the 1997 Rules. It is further submitted that accident in question took place on 10.3.2015 and the award was passed on 5.10.2016 and at that time, admissible compensation under the aforesaid Rules was Rs. 4 lakh. It is further argued that since award passed by the Tribunal had not attained finality and has been challenged in appeal, the appellant is further entitle to benefit of revised compensation in view of notification dated 22.12.2016 that came into force on the 1st day of January, 2017 whereby compensation has been enhanced from Rs. 4 lakh to Rs. 8 lakh. In support of his contention, he has relied upon judgment of Hon'ble the Supreme Court Union of India v. Rina Devi (2018) 2 SCC Journal 1050.

(3.) Counsel representing the respondent, on the contrary, has supported findings of the Tribunal that injury sustained by the victim is a scheduled injury mentioned at Sr. No. 20 of Part III of Railway Accidents and Untoward Incidents (Compensation) Rules, 1990, therefore, there is no justification for allowing additional compensation. It is further submitted that appellant cannot assert his claim for grant of compensation to the tune of Rs. 8 lakh by taking advantage of notification dated 22.12.2016.