THE HON’BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 904 of 2008 JUDGMENT : 1. This Civil Miscellaneous Appeal is directed against the order dated 22.06.2006 in O.A.A.No.12 of 2006 on the file of the Railway Claims Tribunal, Secunderabad Bench at Secunderabad, whereunder and whereby, the claim application filed by the appellant/applicant claiming compensation of Rs.4,00,000/- for the injuries sustained by him in an untoward incident, was partly allowed granting compensation of Rs.82,000/- directing the respondent/railways to pay the amount within 60 days from the date of the said order, and in the event of failure, to pay interest @ 6% per annum. 2. The appellant in the appeal is the applicant, and the respondent in the appeal is the respondent, before the Tribunal. For better appreciation of facts, the parties are hereinafter referred to, as they are arrayed before the Tribunal. 3. The applicant filed the claim application stating that on 29.10.2005, while he was travelling by train No.415 (Delta passenger) from Tenali to Secunderabad with a valid ticket, he sustained injuries in a railway accident between Valigonda and Ramannapet. 4. The railway administration admitted that name of the applicant was appearing in the list of persons injured in the accident prepared by CMD/SCR/SC and that the victim was paid exgratia of Rs.15,000/- for the simple injuries sustained by him. 5. The Tribunal, after considering the oral and documentary evidence, allowed the claim application partly granting compensation of Rs.82,000/-. Challenging the same, the applicant filed the present appeal for enhancement of the compensation amount. 6. Heard both sides. 7. The factual matrix is not in dispute. It is not in dispute that the applicant sustained injuries in an untoward incident and that he was a bona fide passenger. Ex.R1-list of injured persons shows name of the applicant as one of the injured persons in the accident. As per Ex.A2-Discharge Summary issued by Lalitha Super Speciality Hospital and Ex.A3-Out-patient Ticket issued by the Railway Hospital, the applicant sustained the following injuries – (1) fracture of shaft of femur proximal 1/3rd; (2) fracture of lower end on left radius; (3) minimally displaced fracture of right medical malleolus; (4)old deformed left foot; and (5) multiple lacerated injuries. The Claims Tribunal observed that injury no.4 dates back to 20 years and so the applicant is not entitled to any compensation and the said finding is not shown to be incorrect. As the injury nos. 1 and 2 are covered under item nos. 33 and 34 of Part III of the Schedule of the Railway Accidents and Untoward Incidents (Compensation) Amendment Rules, 1990, the Claims Tribunal rightly granted compensation of Rs.40,000/- and Rs.30,000/- respectively, and as the injury nos. 3 and 4 are unscheduled injuries, the Claims Tribunal rightly granted compensation of Rs.10,000/-. Further more, exgratia of Rs.15,000/- was paid to the applicant by the railway administration. In the absence of any medical evidence, the Claims Tribunal rightly granted the compensation of Rs.82,000/-, which cannot be shown to be on lower side, and the said order needs no interference. 8. The Civil Miscellaneous Appeal is, accordingly, dismissed. No costs. ________________ K.C. BHANU, J 20.10.2011 DRK THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 904 of 2008 Date: 20.10.2011 Between : Abdul Azeez … APPELLANT A N D Union of India … RESPONDENT THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL No. 904 OF 2008 Date: 20.10.2011