Petitioner South Western Railway filed an appeal before this Court aggrieved by an Award of compensation by Railway Claim Tribunal towards respondents.Respondents those who are relatives of a deceased person death of whom by accidental fall during journey in rail arose a accidental compensation claim before Railway claim tribunal.
The Petitioner South Eastern Railway have argued that claimants submitted summary sheet of government hospital at tumkur and discharge summary of premier sanjibani hospital and death summary report of BGS hospital where it is clearly mentioned that the patient was a victim of road traffic accident. Besides this Petitioner also have argued that respondents did not shown any ticket in favour of their claim.The Petitioner also submitted that none of the concerned railway staff i.e ticket agent, guard or driver has reported any accident on such day.
Argument of respondents which also relied by Railway Claim Tribunal is the deceased victim was identified by police officer of railway police station and immediately taken to the above mentioned hospital and thereafter referred to premier sanjibani hospital where surgery of the victim performed. Here relevant part of the judgement may be reffered – “Having heard the appellant’s counsel and also the counsel appearing for the respondent, when the records produced by the claimants are marked as Ex.A1 to Ex.A17 and also Railway Tribunal taken note of the FIR-Ex.A1 and also taken note of Ex.A3 based on C.Misc No.008/2012 issued by the Assistant Sub-Inspector of Police, Railway Outpost wherein it is stated that on 31.03.2012 at about 3.30 p.m., the said deceased Gangahanumaiah fallen down from the train and he got injured and immediately he was shifted to hospital and timings is also mentioned as 4.40 p.m., and thereafter he was referred to BGS hospital i.e., also the claim of the claimant also. Now, the document which is produced before the Court also substantiate that injured was taken to the Government hospital immediately at 4.30 p.m., Thereafter he was shifted to Premier Sanjeevini hospital on the next day. He was in-patient for a period of 6 days from 01.04.2012 to 05.04.2012 and he was subjected to surgery. Thereafter, he was shifted to BGS hospital and mistake crept in mentioning as RTA in the previous hospital i.e., in Premier Sanjeevini Hospital, the same is continued in BGS Hospital also. Hence, the very contention of the appellant’s counsel that the history mentioned in the BGS hospital as RTA has not been taken note of by the Railway Tribunal cannot be accepted.”
Learned counsel on behalf of respondents has pleaded that railway tribunal awarded compensation of rupees 4,00,000 along with 6% interest per annum till the date of award and thereafter 9% per annum till the date of actual payment of the same.
But The Hon’ble High Court with reference of two famous judgement held that if the compensation is less than 8,00,000 rupees then the claimant is entitled to get 8,00,000 rupees as it’s higher amount.
Following are the relevant citation reffered by the Hon’ble High Court -Union Of India Vs Rina Devi and Rathi Menon Vs. Union Of India.
Case title: THE UNION OF INDIA
REPRESENTED BY ITS GENERAL MANAGER
SOUTH WESTERN RAILWAY HUBLI-580020.
Vs.
THIMMAKKA WIFE OF LATE GANGAHANUMAIAH and Ors.
Judgement pronounced by Hon’ble Justice H.P.SANDESH