THE HON'BLE MR JUSTICE L.NARASIMHA REDDY C.M.A.No.3774 of 2002 JUDGMENT: The appellant was traveling in Train No.326 on 05.02.1999 between Secunderabad and Warangal. He fell down from the train at Bhongir on account of jerks. The same resulted in cutting of the left leg below the knee and loss of big toe of the right leg. He was shifted to Government Hospital, Bhongir by the Government Railway Police and thereafter, he was treated at Gandhi Hospital at Secunderabad. The appellant filed O.A.A.No.49 of 1999 before the Secunderabad Bench of Railway Claims Tribunal for compensation for both the injuries. The respondent opposed the application. Through its order, dated 30.07.2001, the Tribunal awarded a sum of Rs.1,60,000/- for the injury of amputation and Rs.20,000/- for the loss of toe. The appellant seeks enhancement of the compensation particularly for the second injury. Heard the learned counsel for the appellant and the learned counsel for the respondent. The occurrence of the accident is not disputed. The fact that the appellant sustained injuries referred to above is a matter of record and he was in fact shifted by the Government Railway Police itself for treatment. The plea of the respondent that the injury occurred on account of negligence on the part of the appellant did not weigh with the Tribunal. The Central Government framed the Railway Accidents and Untoward Incidents (Compensation) Rules 1990 (for short ‘the Rules’) in exercise of power under Section 129 of the Railways Act. The Rules provide for the method of determination of compensation payable to the victims of the railway accidents or their dependants. Three Schedules are appended to the Rules categorizing various injuries and stipulating the compensation payable therefor. Entry (22) of Part III of the Schedule deals with ‘amputation of a leg below knee with stump exceeding 5”’. A sum of Rs.1,60,000/- is stipulated as compensation. Since the first injury sustained by the appellant fits into that clause, the Tribunal awarded a sum of Rs.1,60,000/-. Rule 3 of the Rules directs that wherever the injury sustained by the victim does not fit into the Schedule, the Tribunal can assess the compensation payable for such injuries. A ceiling of Rs.40,000/- is prescribed for the aggregate of compensation payable for such injury. The loss of toe to the right leg does not find place in the Schedule. In exercise of power under Rule 3 of the Rules, the Tribunal fixed the compensation for that injury at the rate of Rs.20,000/-. Normally, the loss of toe by itself may not result in any serious impairment for an individual. Where, however, one foot is totally lost and the toe of the other foot is detached, balancing of the person with the remaining leg suffers serious impairment. The ability of the leg from the point of view of stability on the ground and maintaining the balance of the body is seriously affected. This Court is of the view that a further sum of Rs.5,000/- deserves to be awarded. Hence, the appeal is partly allowed and the appellant shall be paid a further sum of Rs.10,000/- (Rupees Ten Thousand Only) in all, for the injury of loss of toe to the right leg. There shall be no order as to costs. __________ 19.08.2010 JSU THE HON'BLE MR JUSTICE L.NARASIMHA REDDY C.M.A.No.3774 of 2002 Date: 19.08.2010 JSU