01Facts
On 23 November 2013, the appellant claimed that, while travelling from Hospet to Koppal as a bona fide passenger with a valid ticket, he fell from an overcrowded train near Munirabad Railway Station and sustained injuries, including an amputation of his right lower leg below the knee.
¶ 2, 6The Railway Claims Tribunal awarded him ₹2,40,000: ₹2,00,000 for the scheduled amputation injury and ₹40,000 for non-scheduled injuries. He appealed, seeking enhancement for the non-scheduled injuries.
¶ 4, 7 · ¶ 1, 302Issues
i.Whether the Tribunal’s order called for interference.
¶ 5ii.Whether the appellant was entitled to enhanced compensation for non-scheduled injuries.
¶ 503Law Applied
The appeal was brought under Section 23(1) of the Railway Claims Tribunal Act, 1987.
p. 1The judgment also referred to the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990, and the applicable Schedule of Injuries as the basis for assessing compensation for scheduled injuries.
¶ 4.1The Court cited no precedents and stated no separate legal test for compensation for non-scheduled injuries.
Provisions in the judgment · 1 · Linked ones open on LawLens
Railway Claims Tribunal Act, 1987 Section 23
04Reasoning
The Court treated the journey, valid ticket, and injuries as undisputed; the appeal concerned only additional compensation for non-scheduled injuries.
¶ 6The appellant had produced no medical bills or other records establishing treatment expenses or the amount claimed. The Tribunal had nevertheless awarded ₹40,000 for expenses relating to the non-scheduled injuries, in addition to the scheduled-injury award. Finding no cogent ground to disturb that assessment, the Court declined to enhance compensation.
¶ 7–805Holding
The Court answered the issues against the appellant, finding no basis to interfere with the Tribunal’s award or grant further compensation for non-scheduled injuries.
¶ 8–9The appeal was dismissed.
¶ 9Original Court PDF
SRI. SRIKANTvsTHE UNION OF INDIA, REPRESENTED BY
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