THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 904of 2008 JUDGMENT : 1. This Civil Miscellaneous Appeal is directed against the order dated 15.09.2006 in O.A.A.No.18 of 2006 on the file of the Railway Claims Tribunal, Secunderabad Bench at Secunderabad, whereunder and whereby, the claim application filed by the appellant/applicant claiming compensation of Rs.1,00,000/- for the injuries sustained by her in an untoward incident, was partly allowed granting compensation of Rs.10,000/- directing the respondent/railways to pay the amount within 60 days from the date of the said order, and in the event of failure, to pay interest @ 6% per annum. 2. The appellant in the appeal is the applicant, and the respondent in the appeal is the respondent, before the Tribunal. For better appreciation of facts, the parties are hereinafter referred to, as they are arrayed before the Tribunal. 3. The applicant filed the claim application stating that on 29.10.2005, while she was travelling by train No.415 (Delta passenger) from Vemuru to Secunderabad with a valid ticket, she sustained injuries in a railway accident. 4. The railway administration admitted that name of the applicant was appearing in the list of persons injured in the accident prepared by CMD/SCR/SC and that the victim was paid exgratia of Rs.5,000/- for the simple injuries sustained by her. 5. The Tribunal, after considering the oral and documentary evidence, allowed the claim application partly granting compensation of Rs.10,000/-. Challenging the same, the applicant filed the present appeal for enhancement of the compensation amount. 6. Heard both sides. 7. The factual matrix is not in dispute. It is not in dispute that the applicant sustained injuries in an untoward incident and that she was a bona fide passenger. Ex.R1-list of injured persons shows name of the applicant as one of the injured persons in the accident. As per Ex.A2-would certificate, the applicant sustained the following injuries – (1) a partially healed lacerated injury on lateral side of left eye brow; (2) a partially healed lacerated injury on right ankle; (3) a partially healed lacerated injury to left shoulder. All the injuries are simple in nature. For grant of compensation in respect of non-schedule injuries, it must be shown that the applicant must have sustained severe injuries with lot of pain and suffering. Under Sub-Rule (3) of Rule 3 of the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990, the amount of compensation payable in respect of any injury (other than an injury specified in the Schedule or referred to in sub- rule (2) resulting in pain and suffering, shall be such as the Claims Tribunal may after taking into consideration medical evidence, besides other circumstances of the case, determine to be reasonable. The injuries shown in Ex.A2 are only simple in nature. There is absolutely no other medical evidence produced by the applicant to show that she sustained grievous injuries which caused lot of pain and suffering so as to grant an amount of Rs.80,000/- towards compensation. Further more, exgratia of Rs.5,000/- was paid to the applicant by the railway administration. In the absence of any medical evidence, the Claims Tribunal rightly granted the compensation of Rs.10,000/-, which cannot be shown to be on lower side, and the said order needs no interference. 8. The Civil Miscellaneous Appeal is, accordingly, dismissed. No costs. ________________ K.C. BHANU, J 20.10.2011 DRK THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 866 of 2008 Date: 20.10.2011 Between : P.Keertana … APPELLANT A N D Union of India … RESPONDENT THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 866 OF 2008 Date: 20.10.2011