SURESH CHANDRA RAY Vs. EAST INDIAN RAILWAY

JUDGEMENT

(1.) This is an appeal under Section 82P (2), Railways Act.

(2.) Shortly stated, the facts of the case are that the claimant, Shri Suresh Chandra Ray, was employed as Librarian. Zoological Survey of India. On the night of the 12th and 13th August 1950, he was travelling by 7 Up Toofan Express from Howrah. At about midnight on the 13th August, the train met with an accident near Karmanasa river in Shahabad district. Mr. Ray received some Injuries and he also lost all the goods which he had with him. First aid was given to him at the site of the accident and also at Mogalsarai. He then proceeded to Armapur Estate where his son-in-law was residing. His son came to him there on 15-8-1950 and took him to Calcutta. Prom Calcutta, he went to his house at Baranagar where he was placed under the treatment of Dr. Kanailal Pal on 16-8-1950, He was given penicillin and other injections but there was a swelling on his right leg which turned into a septic abscess and was operated upon by Dr. Pal on 1-9-1950. Mr. Ray filed a petition on 26-10-1950, claiming compensation. He claimed Rs. 1,484 on account of the value of goods and cash lost by him; Rs. 1,100 on account of medical expenses up to date; Rs. 300 on account of approximate expenses on special diet and Rs. 25,000 on account of compensation for mental shock and worries and for permanent mental and physical deficiency.

(3.) By his order dated 14-3-1951, the Claims Commissioner ordered that an aggregate sum of Rs. 1,355 should be paid to Mr. Ray as compensation for the loss of goods and cash. He held that Mr. Ray was not entitled to any compensation for temporary partial disablement which had been caused to him by reason of the injuries which he received. As, however, the railway administration offered to pay Mr. Ray a sum of Rs. 403 for loss of income, medical expenses and nervous shock, the Claims Commissioner ordered that he should get this amount also. Thus, he allowed a total compensation of Rs. 1,758 besides costs. This appeal by the claimant (Mr. Ray) is directed against that order. So far as the compensation for loss of goods and cash is concerned, the only point which Mr. Banerji has argued on behalf , of the appellant is that the Claims Commissioner has made a mistake of Rs. 2/- in adding up the amounts which he has allowed. This appears to be correct. The learned Claims Commissioner hag directed that the appellant should get the full value of his pocket watch, gold chain and some other articles as well as the entire amount of Rs. 480 in cash which he claims to have lost. The total of these amounts comes to Rs. 1,230 but, by mistake, the Claims Commissioner has computed it to be Rs. 1,228. The learned Government Advocate, who has appeared on behalf of the railway administration, has not disputed this point. The appellant, Mr. Ray, will therefore get Rs. 1,357 instead of Rs. 1,355 on this count.