FAO No. 3821 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- FAO No. 3821 of 2008 Date of decision: November 04, 2009 Union of India ........ Appellant Versus Sarita .......Respondent (s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. Sandeep Vermani, Advocate for the appellant Mr. J S Virk, Advocate for respondent No. 1 -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. (Oral) The present appeal has been filed against the order dated 05.02.2008 passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh, vide which the respondent/applicant was awarded a sum of Rs.4,00,000/- as compensation on account of the disability suffered by her in an accident in which the respondent/applicant sustained amputation of right leg below knee with amputation of forefoot (left), which is a scheduled injury as envisaged in the Railway Accidents and Untoward Incidents FAO No. 3821 of 2008 2 (Compensation) Amendment Rules, 1997. The appellant/Railway took a plea that the Railway Administration is absolved of the liability as provided under Section 124-A of the Railways Administration Act. However, under Section 124-A, the Railway Administration is absolved in case of suicide or attempted suit, self inflicted injury, own criminal act, any act committed in a state of intoxication or insanity, any natural cause or disease or medical or surgical treatment unless such treatment becomes necessary due to injury caused by the said untoward incidents. The aforesaid controversy has been decided by this Court in the case of 'Union of India through General Manager, Northern Railway, New Delhi v. Vivek Rana', FAO No. 4463 of 2008, decided on 28.07.2009, vide which it was held that such type of injuries suffered by the claimant do not fall within the purview of Section 124-A of the Railway Administration Act. In view of the above, the present appeal is dismissed in terms of decision rendered in FAO No. 4463 of 2008 being covered matter. (Nirmaljit Kaur) Judge November 04, 2009 mohan