HIGH COURT OF ANDHRA PRADESH :: HYDERABAD MAIN CASE No: CIVIL MISCELLANEOUS APPEAL No.171 OF 2006 PROCEEDING SHEET SL. NO. DATE ORDER OFFICE NOTE 04) 09-09-2011 HCJ & RSR, J H GKMR, J: Review C.M.P. No.1049 OF 2011 In C.M.A. No.171 of 2006 This Petition is filed by the Appellant/Review Petitioner under Section 114 of C.P.C. seeking to review the order of this Court dated 28-01-2011, passed in C.M.A. No.171 of 2006, where under and whereby compensation of Rs.2,00,000/- was awarded to the Appellant under Clause 20, Rule 3 of the Railway Accidents and Untoward Incidents (Compensation) Rules, 1994 on the ground of amputation of his both legs seeking to enhance it to Rs.4,00,000/-. It is the contention of learned counsel for the Appellant that by virtue of Clause 3, Part-II of Railway Accidents and Untoward Incidents (Compensation) Amendment Rules, 1997 for the amputation of his both legs, the Appellant is entitled to receive the compensation amount of Rs.4,00,000/- and hence the compensation amount may be enhanced from Rs.2,00,000/- to Rs.4,00,000/- awarding interest at the rate of 6% p.a. from the date of petition till the date of order and at the rate of 9% p.a. thereafter till the date of realization. Learned standing counsel for the Respondent has not raised any objection to enhance the compensation amount to Rs.4,00,000/- but he represents that the interest may be awarded from the date of order instead of from the date of petition till the date of realization. In view of the representations made by the learned counsel for the Appellant and the learned standing counsel for the Respondent and also taking into consideration the relevant provisions of Railway Accidents and Untoward Incidents (Compensation) Amendment Rules, 1997, there is no bar to enhance the compensation to Rs.4,00,000/-. Further, so far as the question of interest is concerned, in view of the decision of the Supreme Court in Thazhathe Purayil Sarabi and others Vs. Union of India and another interest at the rate of 6% p.a. from the date of petition till the date of order and at the rate of 9% p.a. thereafter till the date of realization was awarded by this Court on the compensation amount of Rs.2,00,000/- and the same rate of interest is also applicable to the enhanced compensation amount of Rs.4,00,000/-. Emphatically, such rate of interest is awarded by the Supreme Court only in Railway Accidents cases. In view of the observation of the Supreme Court in the decision cited, this Court is not able to modify the interest awarded earlier as pleaded. Accordingly, with the above observations, the Petition is allowed enhancing the compensation amount from Rs.2,00,000/- to Rs.4,00,000/- awarding interest at the rate of 6% p.a. from the date of petition till the date of order and at the rate of 9% p.a. thereafter till the date of realization. SL. NO. DATE ORDER OFFICE NOTE __________ 09-09-2011 Dsh. SL. NO. DATE ORDER OFFICE NOTE SL. NO. DATE ORDER OFFICE NOTE