ash 1 211fa-1207.96oj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.1207 OF 1996 Smt. Vimal Anna Kadam. .. Appellant. Vs Union of India. .. Respondent -- Shri G.J. Mohan Rao for the Appellant. Shri Anand N. Samant for the Respondent. -- CORAM ; A.S. OKA, J DATED : 24TH MARCH, 2011 ORAL JUDGMENT: . Heard learned counsel appearing for the Appellant and the learned counsel appearing for the Respondent. 2. The challenge in this Appeal is to the judgment and order dated 14th September, 1995 passed by the learned Member of the Railway Claims Tribunal at Mumbai. 3. The Appellant was the Applicant before the Railway Claims Tribunal. The Applicant was travelling on 18th July, 1992 by A/75 Dn suburban local train from Bombay V.T. To Ambarnath. She was holding a second class ticket. When the train was in the area of Kalwa ash 2 211fa-1207.96oj Railway Station, it collided with 56 Up Kalyan-Bombay V.T. Local. The claim is made in the sum of Rs.2 lakhs for total disablement and Rs. 80,000/- for the other injuries. The Tribunal found that the Appellant was a bona fide passenger and proceeded to grant compensation of Rs. 35,000/-. 4. The finding of the Tribunal is that the Appellant suffered two fractures, first one was of both Tibia and Fibuia bones of the right leg and another one was on the scapula which is a grievous injury. As the claim was under Section 124 of the Railways Act, 1989 ( hereinafter referred to as “the said Act” ), the Tribunal applied the Railway Accidents (Compensation) Rules, 1990. The fracture of Tibia and fibula is a scheduled injury covered by Item No.33 of Part III of the Schedule to the said Rules of 1990. Therefore, for the said injury, compensation of Rs.20,000 has been granted. The fracture of Scapula was also established and the Tribunal has found the said injury to be a grievous injury. The case of the Appellant is that due to fracture of scapula, she continues to suffer from pain and it has affected the movements of her hand. 5. Under Sub-rule (3) of Rule 3 of the said Rules, 1990, in case of any injury which is not specified in the schedule, the Railway Claims Tribunal has power to determine and grant a reasonable ash 3 211fa-1207.96oj compensation taking into consideration the medical evidence besides other circumstances of the case. As pointed out earlier, the fracture of Tibia is a scheduled injury covered by the Part-III of the Schedule. The Appellant suffered from fracture of scapula as well. Therefore, apart from the compensation of Rs.20,000/- payable at the relevant time against Item No.33, the compensation of Rs.20,000/- ought to have been granted on account of non-scheduled injuries. Thus, the total compensation payable is only Rs.40,000/-. Learned counsel appearing for the Appellant stated that he is not claiming interest. 6. Hence, I pass the following order. ORDER : (a) The Appeal is partly allowed. (b) The compensation is enhanced to Rs.40,000/- from Rs.35,000/-. (c) Excess compensation shall be deposited by the Respondent before the Tribunal within a period of six weeks from today. ( A.S. OKA, J )