1 fa561 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.561 OF 1994 Kishore Ghanshamdas Chabria ...Appellant vs. The Union of India through General Manager, Central Railway, Bombay V.T. ...Respondent Mr.G.J.Mohanrao for the appellant Mr.A.N.Samant for the respondent CORAM : A.S.OKA,J. DATE : APRIL 19,2011 ORAL JUDGEMENT: 1 Heard the learned counsel for the appellant and the learned counsel for the respondent. The appellant is the claimant who was injured in a local train on 8 th November 1991 at Kalyan. There was a bomb blast in the compartment, as a result the appellant sustained injuries. The appellant was admitted to a hospital for 20 days and has incurred expenditure. Against the claim of Rs.1,67,000/- made by the Appellant, by the impugned order, the tribunal has granted a sum of Rs.32,000/- by way of compensation with interest at the rate of 10% p.a. 2 The learned counsel for the appellant in support of this appeal for enhancement submitted that at least one injury out of seven injuries was covered by item 31 of part III of the Schedule to the Railway Accidents and Untoward (Incidents) (Compensation) Rules,1990 (hereinafter referred to as the said Rules). He submitted that the appellant deposed that he incurred expenditure of Rs.21,000/- but bills amounting to only a sum of Rs. 10,000/- could be produced, as the other bills were lost. 2 fa561 He submitted that considering the seriousness of the injuries, compensation of Rs.32,000/- is on the lower side. The learned counsel for the respondent supported the impugned Judgment and Order. 3 I have perused the record. I have considered the submissions. Apart from the deposition of the appellant, there is a medical certificate produced at Exh.6. Injuries noted are crush injury of left foot, fracture open type I, multiple C.L.W and abrasions over the body and foreign body in left eye. Fracture was of the left foot (open type 1). Item 31 of Part III of Schedule of the said Rules covers the the fracture of major bones- Humerus, Radius of Both limbs. Hence, Item 31 will not apply in the present case. 4 In his deposition, the appellant has described various injuries sustained by him. However, the medical certificate which is admitted in evidence records the aforesaid injuries. In view of sub rule 3 of rule 3 of the said Rules, in case of non specified injuries resulting in pain and suffering, a reasonable compensation has to be awarded taking into consideration the material on record on the date of accident. The second proviso to sub rule 3 provides that the total compensation shall not exceed Rupees forty thousand. 5 To substantiate the claim regarding expenses, documents on record show that the appellant incurred expenses of at least Rs.10,000/-. Looking to the nature of the injuries, maximum compensation of Rs.40,000/- ought to have been granted and to that extent, the appeal must succeed. 6 Hence, I pass the following order : 3 fa561 i) Impugned Judgment and order is modified and the compensation amount is enhanced by a sum of Rs. 8,000/-. Thus, the Appellant will be entitled to total compensation of Rs.40,000/-. ii)The enhanced amount shall be deposited by the respondent with the Tribunal within a period of ten weeks from today. If the amount is not deposited within stipulated period, interest will be payable on the said amount at the rate of 10% p.a from the date of this order. iii)Appeal is partly allowed on above terms with no order as to costs. JUDGE