IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 MFA.No. 132 of 2005() --------------------- OA.50/2002 of RAILWAY CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT(S): APPLICANT. ------------------------ PRASAD.A.V. S/O.SANKARAN, CHERIYAPARAMBATH HOUSE, P.O.PARAPPANANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.P.K.SURESH KUMAR SRI.K.P.SUDHEER RESPONDENT(S): RESPONDENT. -------------------------- UNION OF INDIA, OWNING SOUTHERN RAILWAY REPRESENTED BY GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI. ADV. SRI.T.P.M.IBRAHIM KHAN,SR.SC, RAILWAYS FOR R1 THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 10/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K.BASHEER & P.Q.BARKATH ALI, JJ. - - - - - - - - - - - - - - - - - - - - - M.F.A.No.132 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of February, 2010 JUDGMENT Basheer, J. The appellant is the claimant before the Railway Claims Tribunal, Ernakulam Bench. He had claimed Rs. 4 lakhs as compensation for the injuries sustained by him in a train accident that occurred at Kadalundi on June 22, 2001 involving Mangalore-Chennai Mail. The Tribunal after considering the oral and documentary evidence on record, awarded a total sum of Rs. 1,60,000/- with interest @ 6% per annum from January 30, 2002 till date of payment to the appellant/claimant. The appellant has preferred this appeal calling in question the adequacy of the award. 2. When this appeal came up for consideration today, learned counsel submits that the appellant is even now undergoing treatment for the injuries sustained by him and that he has been regularly incurring expenses for such treatment. He has produced several medical bills along with I.A.Nos.1430/2007, 2897/2007, 271/2010 and I.A.No.382/2010. The aggregate sum of these medical bills will MFA.No.132/2005 Page numbers approximately come to Rs.15,000/-. 3. However, the main grievance of the appellant is that the huge expenses that the appellant had to meet in connection with his treatment were not taken into account by the Tribunal when the award was passed. Learned counsel points out that large number of medical bills were produced before the Tribunal . Ext.A3, the Accident Register cum wound certificate, Ext.A4 release card issued by the Medical College Hospital and Ext.A5 treatment certificate, Ext.A6 medical certificate etc. and particularly Ext.A11 disability certificate, will show that the appellant had sustained very grievous injuries. He had to spend nearly more than Rs. 75,000/- for medical expenses alone. But all these aspects were not taken into account by the Tribunal at all. 4. A perusal of the award will show that Tribunal had quantified the compensation “ considering the fractures and ulnar nerve palsy, his prolonged treatment at various hospitals, his loss of pay , his young age, the pain and mental agony”. Such an approach made by the Tribunal, in our view, is unsustainable to say the least. 5. Therefore we are satisfied that the Tribunal has to be directed to reconsider the matter and pass a fresh award in accordance MFA.No.132/2005 Page numbers with law. Necessarily, the Tribunal has to keep in view the prolonged treatment including four surgeries that were allegedly undergone by the appellant, with reference to the medical records. While doing so, the additional documents that have been produced by the appellant before this court shall also be taken into consideration. In that view of the matter, the impugned award is set aside. 6. The case is remitted to the Tribunal for fresh consideration in accordance with law. The Tribunal shall afford sufficient opportunity to the appellant to adduce further evidence, if he so chooses. The Tribunal shall make an endeavour to dispose of the case as early as possible, at any rate within six months from the date of receipt of a copy of this judgment. The appellant shall appear before the Tribunal on April 5, 2010. The Registry shall forward the additional documents produced by the appellant to the Tribunal in a sealed cover along with a copy of this judgment. A.K.BASHEER, JUDGE P.Q.BARKATH ALI, JUDGE sv. MFA.No.132/2005 Page numbers