TMI Blog2001 (3) TMI 1057X X X X Extracts X X X X X X X X Extracts X X X X ..... its lawful and innocent passengers, continued its running leaving the paraplegic on the track itself on that dreadful night. 4. It was physiologically impossible for the young lady to move her leg from the position where she fell. Her right leg happened to remain on the rail-track, and unless a Good Samaritan had passed by that track during the night she had to remain there unmoved. As none like that came the poor female human being remained on the track bleeding and unattended by anyone. 5. Alas, within half an hour another train came along the same track which, without knowing that a badly mauled human being was lying ahead, ran over her right leg causing a sudden amputation of that leg also. Thus, within the span of less than an hour, she became a one-handed and one-legged paraplegic. 6. All those disasters happened during the night of 3.9.1996. While she remained on the track unattended by any one she happened to be spotted by an engine driver who was shunting a railway engine. He got her removed from that scene to the district hospital, and then to a Medical College Hospital where she had to undergo a long period of hospitalisation. However, she remained immovable for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... momentum her ill-luck prompted her to have a face wash for which she moved to the wash basin situated next to the door of the train. While washing her face the train jerked violently at a turning and in that impact she was thrown out of the train. What happened thereafter has been summarized earlier and cannot be repeated over again. 12. As the above facts are not disputed by the Railway Administration appellant was relieved of the burden to prove those facts averred in her claim petition. Thus, the only question which remained for the Claims Tribunal to decide was regarding the amount of compensation payable to her. Now the only question remaining is whether the High Court was so helpless that learned Judges could not confirm the amount awarded to her by the Claims Tribunal. 13. Appellant's claim for the compensation was based on Section 124A of the Railways Act 1989 (for short the Act ). The said Section itself was introduced as per Railway (Amendment) Act 28 of 1994. The Section provided for awarding compensation to victims of any untoward incident which occurs in the course of working of a railway. The expression untoward incident was alien to Railways Act befor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which means prescribed by the rules made under the Act. Section 129 of the Act empowered the Central Government to make such rules. 17. The Railway Accident Compensation Rules 1990 (for short the Rules) were made by the Central Government in exercise of the powers conferred on it by Section 129 of the Act. Rule 3(1) says that the amount of compensation payable in respect of death or injuries shall be as specified in the Schedule. The Rules as well as the Schedule were amended with effect from 1. 11.1997. After the amendment Rule 3(2) reads thus: The amount of compensation payable for an 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 work, shall be Rupees four lakhs. 18. Item No.2 of Part III of the Schedule relates to amputation below shoulder with stump less than 8 from tip of accordion for which an amount of ₹ 3.20 lakhs is shown as the compensation. 19. Item 20 in Part III of the Schedule relates to amputation below knee with stump exceeding three and a half inch but not exceeding five inches , for which an amount of Rupees two lakhs is shown ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... over the damages. The liability is to pay compensation to such extent as may be prescribed . 23. The collocation of the words as may be prescribed in Section 124A of the Act is to be understood as to mean as may be prescribed from time to time . The relevance of the date of untoward incident is that the right to claim compensation from the Railway Administration would be acquired by the injured on that date. The statute did not fix the amount of compensation, but left it to be determined by the Central Government from time to time by means of rules. This delegation to the Central Government indicates that it was difficult for the Parliament to fix the amount because compensation amount is a varying phenomenon and the Government would be in a far advantageous position to ascertain what would be the just and reasonable compensation in respect of a myriad different kinds of injuries by taking into account very many factors. What the legislature wanted was that the victim of the accident must be paid compensation and the amount must represent a reality which means the amount should be fair and reasonable compensation. Government have the better wherewithal's to ascertain and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt and untoward incidents. If he were to choose the latter that does not mean that he should be prepared to get a lesser amount. He is given the assurance by the legislature that Central Government is saddled with the task of prescribing fair and just compensation in the rules from time to time. The provisions are not intended to give a gain to the Railway Administration but they are meant to afford just and reasonable compensation to the victims in a speedier measure. If a person files a suit the amount of compensation will depend upon what the court considers just and reasonable on the date of determination. Hence when he goes before the Claims Tribunal claiming compensation the determination of the amount should be as on the date of such determination. 26. The asinine consequence of accepting the interpretation placed by the Division Bench of the High Court can be demonstrated through an illustration. If a person sustained injury as described in Rules 3(2) of the Rules, in an accident in a train on 31.10.1997, and another person sustains the same kind of injury in another accident in a train the next day i.e. 1.11.1997, when both persons made separate applications before the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce, is he to get the compensation in terms of the money value which prevailed on the date of the accident? Suppose a Tribunal wrongly dismissed a claim after a few years of filing the application and the claimant approaches the High Court in appeal. As it happens quite often now, some High Courts could take up such an appeal only after the lapse of many years and if the appeal is decided in favour of the claimant after so many years, what a pity if the amount awarded is only in terms of the figure indicated on the date of the accident. 30. From all these, we are of the definite opinion that the Claims Tribunal must consider what the rules prescribed at the time of making the order for payment of the compensation. 31. Learned Judges of the Division Bench in the High Court referred to the decisions of this Court in Pratap Narain Singh Deo vs. Srinivas Sabata and anr. (1976)ILLJ235SC , P.A. Narayanan vs. Union of India and ors. [1998]1SCR899 and Maghar Singh vs. Jashwant Singh (1998)9SCC134, in order to gain support for the conclusion arrived at in the impugned judgment. Among them P.A. Narayanan vs. Union of India arose from a writ petition filed for compensation in respect of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e findings or the observations therein have no bearing on the question involved in this appeal. 33. The scheme of the provision under the W.C. Act is materially different from the scheme indicated in Chapter XIII of the Railways Act. In the former, compensation payable is fixed in the Act itself through the schedule incorporated thereto. Section 4 of the W.C. Act shows that such compensation is to be linked with the monthly wages of the workman concerned. It also provides that the liability to pay compensation on the employer would arise not when the Commissioner passes the order but on the date of sustaining the injury itself. A provision is made in Section 4A of W.C. Act that where any employer is in default of paying the compensation due within one month the Commissioner shall direct the employer to pay not only interest but in appropriate cases a penalty ranging up to 50% of the amount payable. The said scheme cannot be equated with the scheme in Chapter XIII of the Railways Act, as the principles involved have differences. 34. Shri K. Sukumaran, learned senior counsel relied on the decision of another Division Bench of the Kerala High Court in Oriental Insurance Company ..... X X X X Extracts X X X X X X X X Extracts X X X X
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