SIDHESHWAR PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS M.J.C. has been filed seeking modification or correction in the judgment delivered by this Court on 10.7.2001, passed in M.A. No. 2 of 1996.

(2.) BOTH sides were heard.

(3.) THIS M.J.C. has been filed claiming enhancement of compensation of Rupees Two Lacs to rupees four lacs in view of the amendment of the aforesaid rules as per the amending Act of 1997 which came into force on 1.11.1997. By the aforesaid amending Act in the Schedule of Rule 3, rupees four lacs have been provided as compensation for the death of railway passengers. In the instant case the accident took place on 20th September, 1995 but this Court granted compensation amount by its judgment delivered on 10.7.2001. The amending Rules had already come into force so it was submitted by the applicant -appellant&aposs lawyer that the amended rules shall be applicable for fixing the amount of compensation at the time when judgment was delivered by this Court. The learned lawyer also submitted that under Section 151 C.P.C, the original judgment announced by this Court may be modified or corrected because the law applicable to the facts of the case was not known to the appelianl when judgment of this Court was pronounced. For this submission, the learned lawyer relied on a decision rendered by Allahabad High Court as reported in A.i.R. 1987 page 319. In the aforesaid decision the High Court relied on decisions reported in A.I.R. 1984 (S.C.) 621, A.I.R. 1972 (S.C.) 15, A.I.R. 1971 (S.C.) 2355, A.I.R. 1970 S.C.) 276 and A.I.R. 1969 (S.C.) 1201.