IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD DATE.17-02-2011. PRESENT THE HON'BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CIVIL MISCELLANEOUS APPEAL No.480 OF 2006 Between: Reddy Ravana. --- Appellant/ Applicant. AND The Union of India, Rep. by its General Manager, South Central Railway, Railway Nilayam, Secunderabad. --- Respondent/ Respondent. The Court made the following: THE HON'BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CIVIL MISCELLANEOUS APPEAL No.480 OF 2006 JUDGMENT: This Civil Miscellaneous Appeal is filed by the appellant under Section 23 of the Railway Claims Tribunal Act, 1987 (for short, ‘the Tribunal Act’) against order dated 09-03-2006, passed in O.A.A. No.80 of 2001, on the file of the Railway Claims Tribunal, Secunderabad Bench, Secunderabad (for short, ‘the Tribunal’) filed under Section 16 of the Tribunal Act, Read with section 124-A of the Railways Act, 1989 (for short, ‘the Act’) claiming compensation of Rs.1,20,000/- on account of loss of the four fingers of his left foot, partly allowing it directing the respondent to pay Rs.20,000/- to the appellant within 60 days from the date of order and in case of any failure to do so, to pay interest at the rate of 6% p.a. from the date it would fall due. 2. The appellant is the applicant and the respondent is the respondent in O.A.A. No.80 of 2001. For the sake of convenience, the parties hereinafter will be referred as they are arrayed in the Tribunal. 3. The facts of the case are as follows : The applicant while traveling by train No.2BS Salur – Bobbili Rail Bus on 14-04-1999 slipped and fell down from the train resulting amputation of four fingers of his left foot. Further, the applicant being a bona fide passenger of the train is entitled to the compensation of Rs.1,20,000/- 4. The respondent filed his written statement denying the claims of the applicant. 5. On the strength of the pleadings, the Tribunal framed the following issues for trial and disposal : 1) Whether the applicant was a bona fide passenger of train No.2BS Salur – Bobbili Rail Bus, traveling from Salur to Bobbili on 14-04-1999? 2) Whether the applicant sustained injuries on account of untoward incident of accidental fall from the train near Bobbili Railway Station? 3) Whether the applicant is entitled to claim compensation of Rs.1,20,000/- on account of sustaining injuries in the alleged untoward incident? 4) To what relief? 6. On behalf of the applicant, he got examined himself as A.W.1 and got marked Exs.A-1 and A-2 which happened to be the journey ticket and relevant copy of Medical Certificate. Further, on behalf of the respondent, Deputy Station Superintendent of Bobbili railway station was examined as RW.1 and got marked Station Master’s Case diary of Bobbili railway station as Ex.R-1. 7. Examining the material available, the Tribunal upheld the claim of the applicant in part and granted the said relief. 8. The contention of learned counsel for the applicant is that by virtue of Rule 3 of the Railway Accidents and Untoward (Incidents) Compensation Rules, 1990, when he received such a grave unscheduled injury he would be entitled to a maximum compensation of Rs.40,000/-and further it is reasonable to grant interest at the rate of 6% per annum from the date of application. 9. Therefore, it is to be considered as to whether the applicant is entitled to the compensation of Rs.40,000/- and also interest at the rate of 6% per annum from the date of application? 10. Rule 3 of the Railway Accidents and Untoward (Incidents) Compensation Rules, 1990 provides : “3. Amount of Compensation – 1. The amount of compensation payable in respect of death or injuries, shall be as specified in the Schedule. 2. The amount of compensation payable for injury not specified in Part II or part III of the Schedule but which, in the opinion of the Claims Tribunal is such as to deprive a person of all capacity to do any work, shall be (rupees four lakhs). 3. The amount of compensation payable in respect of any injury (other than an injury specified in the Schedule or referred to in sub-rule (2) resulting in pain and suffering, shall be such as the Claims Tribunal may after taking into consideration medical evidence, besides other circumstances of the case, determine to be reasonable : Provided that if more than one injury is caused by the same accident, compensation shall be payable in respect of each such injury : Provided further that the total compensation in respect of all such injuries shall not exceed rupees forty thousand. 4. Where compensation has been paid for any injury which is less than the amount which would have been payable as compensation if the injured person had died and the person subsequently died as a result of the injury, a further compensation equal to the difference between the amount payable for death and the already paid shall become payable. 5. Compensation for loss, destruction or deterioration of goods or animals shall be paid to such extent as the Claims Tribunal may, in all the circumstances of the case determine to be reasonable”. 11. When it is proved that the applicant received such injuries it can be presumed that it will deny him to carry out his livelihood for earning necessary amount and it also would have resulted in severe pain and suffering following which he would have taken necessary treatment. In these circumstances, it is reasonable to enhance the compensation to Rs.40,000/- which is permissible under the said provision and subject to the claim. 12. Further, as per the decision of the Hon’ble Supreme Court reported in Thazhathe Purayil Sarabi and others Vs. Union of India and another[1] it is reasonable to award interest at the rate of 6% per annum from the date of application till the date of realization. In the result, the Civil Miscellaneous Appeal is allowed enhancing the compensation from Rs.20,000/- to Rs.40,000/- with interest at the rate of 6% per annum from the date of application till the date of realization of the amount. There shall be no order as to costs. ___________________________ G. KRISHNA MOHAN REDDY, J Dated: 17-02-2011. Dsh. [1] (2009) 7 SCC 372