IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD DATE.25-03-2011. PRESENT THE HON'BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CIVIL MISCELLANEOUS APPEAL No.1144 OF 2008 Between: Kolla Veera Narayana. --- Appellant/ Applicant. AND The Union of India, Rep. by its General Manager, South Central Railways, Secunderabad. --- Respondent/ Respondent. The Court made the following: THE HON'BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CIVIL MISCELLANEOUS APPEAL No.1144 OF 2008 JUDGMENT: This Civil Miscellaneous Appeal is filed against awarding compensation of Rs.5,000/- only in respect of injuries caused to the applicant in the accident in question. 2. Ex.A-1 is the corresponding ticket, Ex.A-2 is the relevant O.P. Chit. It is observed by the Tribunal that as per the application, the applicant received fractures of his ribs, injuries on his head, injuries on his legs and some other parts of the body and already the applicant paid ex-gratia amount of Rs.15,000/- by the Railways and further he has suffered mental shock having involved in the accident and taking into consideration all the relevant factors it is reasonable to award compensation of Rs.5,000/- and accordingly it was awarded. 3. It is the contention of learned counsel for the applicant that when he received such grave injuries, awarding compensation of Rs.5,000/- is very meager and further by virtue of Rule 3 of the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990 in respect of non schedule injuries Rs.80,000/- shall be paid and hence adequate compensation may be awarded to the injuries received by applicant. 4. Now the point for consideration is : 1) Whether the applicant is entitled to more compensation as pleaded? and 2) Whether Ex.A-2 is to be considered here which provides that he received a contusion on right side of his chest and left fore arm and fracture of left ribs Nos.9 and 10 in the accident? 5. Really the applicant received very grievous injuries by reason of which he might have suffered a lot. Further, exgratia is paid to the railway employees under relevant provisions in view of his employment and consequential services rendered for the railways. It is quite distinct from awarding of compensation under section 128 of the Railways Act and therefore both are to be examined independently while paying necessary amounts in that context. Therefore, the Tribunal went wrong in paying very meager amount of compensation on the ground that already exgratia amount of Rs.15,000/- was paid to him. 6. There is no dispute about the said rule with regards to the payment of compensation in respect of non schedule injuries. Examining the relevant factors it is justifiable to modify the amount of compensation to Rs.40,000/- setting aside the inadequate order passed by the Tribunal. In the result, the Appeal is allowed in part and the compensation awarded is modified to Rs.40,000/-. No order as to costs. ___________________________ G. KRISHNA MOHAN REDDY, J Dated: 25-03-2011. B/o.Dsh.