The High Court of Kerala allowed this appeal against the Railway Claims Tribunal, enhancing the compensation awarded for a railway accident from Rs. 80,000 to Rs. 3,20,000, including interest, based on the serious nature of the claimant's injuries.
Compensation enhanced to Rs. 3,20,000 with interest at 6% per annum to the petitioner/claimant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.HARILAL & THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 2ND DAY OF AUGUST 2017/11TH SRAVANA, 1939
MFA.No. 92 of 2015 (A)
AGAINST THE JUDGMENT IN OA(LLU)ERS/2014/0068 of RAILWAY CLAIMS TRIBUNAL, ERNAKULAM DATED 03-09-2015
APPELLANT/APPLICANT IN O.A.:
RAJESH, AGED 24 YEARS,
S/O. RAMACHANDRAN, PUTHUKKODE ALINCHUVAD, VADAKKANCHERRY, PALAKKAD-678687, KERALA.
BY ADVS.SRI.V.K.BALACHANDRAN
SRI.KIRAN PETER KURIAKOSE
RESPONDENT/RESPONDENT IN O.A.:
UNION OF INDIA
REPRESENTED BY THE GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI-3.
BY ADVS. SRI.JOHN MATHEW,SC, RAILWAYS
SRI.S.PRASHANTH, SC, RAILWAYS SRI.C.S.DIAS,SC, RAILWAYS
THIS MISC. FIRST APPEAL HAVING BEEN FINALLY HEARD ON 02-08-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OKB
K.HARILAL & P. SOMARAJAN, JJ.
M.F.A. No.92 of 2015
--------------------------Dated this the 2nd day of August, 2017
JUDGMENT
Somarajan, J.
Aggrieved by the order of compensation granted by the Railway Claims Tribunal, Ernakulam in O.A.(llu) ERS/2014/0068 dated 3/9/2015 in connection with an untoward incident happened to the claimant, the claimant came up with this first appeal.
MFA.92/15-A :2:
Rules, 1990. The nature of injuries alleged to have been sustained by the appellant is explained in Discharge Summary, as follows:-
“DEP.NO.H/2587/2013-G/2535/2013-MS/125/2013
The procedure adopted is also made a mention in the certificate:
“ORIF OF RIGHT DISTAL RADIUS AND ULNA WITH DCP FIXATION AND MICROVASCULAR REVASCULARISATION OF RIGHT ARM BY REPAIR OF RADIAL AND ULNAR ARTERIES AND RIGHT MEDIAN AND ULNAR NERVE REPAIR AND PSS OF FACIAL AND SCALP LACERATED WOUNDS.
RIGHT FOOT DEBRIDEMENT AND ORIF OF RIGHT
MFA.92/15-A :3:
ANKLE WITH 2 CANCELLOUS SCREWS FRACTURE AND ANKLE SPANNING EXFIX APPLICATION.
DRESSING UNDER ANAESTHESIA RIGHT LEG VAC APPLICATION TO RIGHT FOOT.
COVERAGE OF CRITICAL RAW AREA ON DORSUM OF RIGHT FOOT WITH MICROVASCULAR FREE GRACILIS FLAP WITH STSG.
SSG RIGHT FOREARM AND ASSESSMENT OF FREE GRACILIS FLAP OVER RIGHT FOOT.
WOUND DEBRIDEMENT OF GRACILIS FLAP COVER RIGHT FOOT.
SSG COVER ON DORSUM OF RIGHT FOOT. ”
The X-Ray report reveals the following:
“X-RAY RIGHT LEG: FRACTURE MEDIAL MALLEOLUS
FRACTURE 1ST METATARSAL
WITH BONE LOSS
X-RAY RIGHT UPPER LIMB: COMMINUTED FRACTURE THE DISTAL 1/3RD OF RADIUS AND TRANSVERSE FRACTURE OF DISTAL 1/3RD OF ULNA.”
relation to the X-Ray report would clearly show that two very serious injuries were sustained by the claimant and the first one is the total crush amputation of right forearm
MFA.92/15-A :4:
at its distal 3rd level with both bones fracture. This injury has to be assessed based on Ext.A12 photographs supplied. Almost total amputation of right forearm is well evident and what is left out is only a presence of some tissue with the remaining part of the body. The second injury is the crush injury to right foot, which, according to the discharge certificate, is with near total amputation of great toe at 1st tarsametatarsal level with composite tissue loss of dorsal and medial aspects. The injury stated above as the crush amputation of right forearm at distal 3rd level with both bones fracture would come under item No.4 of Part III, for which an amount of Rs.2,40,000/- is included in the schedule. Even for a loss of thumb an amount of Rs.1,20,000/- is included in the schedule as compensation. The presence of other serious injuries including crush injury to right foot with near total amputation of great toe at 1st tarsametatarsal level with composite tissue loss of dorsal and medial aspects and head injury with scalp contusion, fracture to right ankle would entitle the party
MFA.92/15-A :5:
another amount of Rs.80,000/-. So the total entitlement of the party would come to Rs.3,20,000/- (Rs.2,40,000/- + Rs.80,000/-).
In the result, the appeal is allowed. The compensation awarded is enhanced to Rs.3,20,000/- (Rupees Three lakhs and twenty thousand only) with interest at the rate of 6% per annum to the principal sum of Rs.3,20,000/- to the petitioner/claimant.
Sd/- K.HARILAL, Judge.
K.HARILAL,
Sd/-
P.SOMARAJAN,
Judge.
okb.
2 issues framed by the court
Whether the compensation awarded by the Railway Claims Tribunal is correct and whether it should be enhanced on appeal.
Whether the injuries sustained by the appellant entitle him to higher compensation under the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990.
Colour shows how this judgement treated each authority
NAReferred
Rajesh
Union of India
K.Harilal
P.Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
