9911796707
TMI Blog2002 (4) TMI 974X X X X Extracts X X X X X X X X Extracts X X X X ..... ar in a train accident which had occurred on 17.7.1997. Relying upon a judgment of this Court in Rathi Menon v. Union of India [2001]2SCR365 the appellants have prayed for setting aside the impugned judgment and for enhancement of the compensation. 3. The facts giving rise to the filing of the present appeal are that while travelling from Thiruvalla to Jamnagar in Train No.6334 on a valid ticket issued by the Southern Railways, the deceased was accidentally thrown out of the train on account of over-crowding near electric pillar at Km.134/4-5 between Chakarapalli and Penukonda Railway Stations. As a result of the fall, the deceased got injuries all over his body and ultimately died. A case as Crime No.38 of 1997 was registered and ultim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ; 4 lakhs in the second case. What a woeful discrimination, if not a glaringly unfair differentiation. See the interval between the two accidents of identical features. It was only a few hours, but the difference in the compensation amount is enormously high. any court should avert an interpretation which would lead to such a manifestly absurd fallout, unless the court is compelled otherwise by any mandatory provision. Why the Central Government decided to make such a vast variation in the amount of compensation while exercising the powers conferred by Section 129 of the Act? It cannot be conceived that the Government wanted to make a discrimination between those victims who suffered an injury in an accident prior to 1.11.1997 and those ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... akes the application a few years hence, 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 Court 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. 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 compens ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
