THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL MISCELLANEOUS APPEAL NO.874 OF 2007 JUDGMENT: 1. This appeal is filed under Section 23 (1) of the Railway Claims Tribunal Act, 1987, seeking to assail the order dated 23.08.2006 in O.A.A.No.22 of 2006 on the file of the Railway Claims Tribunal, Secunderabad Bench at Secunderabad. 2. The brief facts of the case are as follows. The appellant/applicant filed the claim application under Section 16 of the Railway Claims Tribunal Act, 1987, claiming compensation of Rs.2,00,000/- for the injuries sustained by him while travelling by Train No.415 (Delta Passenger) from Tenali to Secunderabad, which was involved in an accident between Valigonda and Ramannapet on the early morning of 29.10.2005, stating that he was travelling with a valid journey ticket and that initially he was admitted in Government General Hospital, Nalgonda and thereafter, he was shifted to Lalitha Super Speciality Hospital Pvt. Ltd., Guntur, for better treatment, and that he sustained fracture of right ribs, fracture of left forearm, cut injury to nose and damage to front teeth. 3. The respondent-Railways have admitted that the name of the applicant was appearing in the list of persons injured in the accident prepared by CMD/SCR/SC and the victim was paid an ex-gratia of Rs.15,000/- for the grievous injuries sustained by him. 4. On the above pleadings/submissions, the following issues were settled on 01.05.2006. (1) Whether the Applicant was a bona fide passenger of train No.415 Delta Passenger on 29.10.2005? (2) Whether the applicant sustained injuries as a result of the train accident? (3) Whether the applicant is entitled to claim compensation as prayed for? (4) To what relief? 5. The Claims Tribunal, after considering the oral and documentary evidence, allowed the claim application partly granting compensation of Rs.15,000/-. Challenging the same, the applicant filed the present appeal for enhancement of the compensation amount. 6. Learned counsel for the appellant contented that the petitioner sustained fracture of right ribs, fracture of left forearm, cut injury to nose and damage to front teeth and therefore, the applicant ought to have been granted Rs.30,000/- in terms of the Schedule of Rules 1990, which is the minimum amount of compensation and prays to enhance the compensation. 7. On the other hand, learned Standing Counsel appearing for the respondent contended that the petitioner has not serious sustained injuries and there are no grounds to interfere with the order impugned. 8. For the purpose of compensation under Section 124-A of the Railways act, 1989, two requirements have to be satisfied; (1) A person is a bona fide passenger travelling in a train carrying passengers with a valid ticket; and (2) He sustained injuries in an untoward incident. With regard to the first requirement, it is not in dispute that the injured was a bona fide passenger. He produced Ex.A1-original ticket and the same is not shown as invalid ticket. It is not in dispute that the applicant sustained injuries in train accident. Ex.R1-list of injured persons shows name of the applicant as one of the injured persons in the accident. When the two requirements are satisfied, the applicant is entitled to compensation. 9. Now, with regard to the injuries, as per Ex.A2, which is Discharge Summary, the applicant sustained fracture of right ribs, fracture of left forearm, cut injury to nose and damage to front teeth. Except the fracture of ribs, there are no other fractures on the body. The minimum amount of compensation for any fracture of bone is Rs.32,000/-. The petitioner was admittedly given ex-gratia of Rs.15,000/-. Taking into consideration grant of the amount of Rs.15,000/-, it is just compensation. There are no merits in the appeal. 10. Accordingly, the Civil Miscellaneous Appeal is dismissed. No costs. _____________ (K.C.BHANU, J) 10th October 2011 RRB