HC upholds 1.2L damages for railway mishap victim

Rosy Sequeira TNN 

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Mumbai:It is time to amend the prescribed compensation in railway accidents, said the Bombay high court while upholding a railway accidents tribunal’s order granting Rs 1.20 lakh compensation to a commuter who lost two fingers in an accident at Borivli station. 
    In 2003, Usha Kamdar fell in the gap between the platform and a train while waiting for a train to Miyagam-Karjan on platform no. 4 at the Borivli station. She was seriously injured. Her middle and index fingers of the right hand were amputated and she was under medication for a long time for other injuries. 
    Taking note of her injuries, on July 18, 2005, the tribunal awarded her Rs 1.20 lakh compensation, including Rs 80,000 as treatment cost and Rs 40,000 for pains and sufferings. The tribunal directed 6% interest from the date of the order till realization. In 2006, the railways challenged the “excessive and unreasonable” compensation in the HC. 
    Dismissing the railways’ appeal, the HC proposed the need for amendments to the Railway Accident (Compensation) Rules 1990 under the Railways Act, 1989, which was last amended in November 1997. “More than 15 years have passed without any further amendment as to prescribed quantum of compensation in respect of untoward incidents in working of railway administration,” noted Justice A P Bhangale in his September 21 order. The victim had filed a cross appeal saying the compensation awarded was inadequate. The judge noted that the compensation prescribed is restricted to the Rules, “discretion cannot be exercised so as to award compensation beyond the prescribed extent of those Rules”. 
    The judge added that in several cases claimants suffer permanent disability that may incapacitate them to work with full capacity and full ability for their livelihood and in cases of deaths, their families lose their bread-earner forever. 
    Upholding the railway accidents claim tribunal’s order and finding “no merit” in the railways’ appeal, Justice Bhangale “hoped” that the authority concerned will do the needful in this (amending the rules) regard.