High CourtsSingle Bench(2013) 09 KAR CK 0152

The Union of India vs Smt. Sarojamma

Karnataka High Court · Decided on 27 September 2013

HON’BLE JUDGES
Huluvadi G. Ramesh, J
RESULT
Allowed
CASE NUMBER
M.F.A. No. 11914 of 2012 (RCT)

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Judgment

4 paragraphs · 189 words

Huluvadi G. Ramesh, J.—Heard learned counsel for the parties. This appeal is arising out of the order dated 6.8.2012 passed in O.A. No. II A 2/2012 on the file of the Railway Claims Tribunal, Bangalore.

2.

The claimant had claimed compensation of Rs. 4,00,000/- for the death of her husband, who died in a train accident occurred on 22.5.2012. The Tribunal awarded compensation of Rs. 4,10,000/- with interest at 9% p.a. from the date of order till payment. Aggrieved by the said order, the insurance company has preferred this appeal.

3.

The learned counsel for the appellant/insurance company submits that as per Rule 4 of the Railway Accidents & Untoward Incidents Compensation Rules, total compensation payable shall not exceed Rs. 4,00,000/-, but the Tribunal has erred in awarding compensation of Rs. 4,10,000/- to the claimant, which is against the statutory limit. In view of the submission made, order of the Tribunal is modified. Compensation of Rs. 4,10,000/- awarded by the Tribunal is reduced to Rs. 4,00,000/- with interest at the rate of 9% p.a. from the date of order of the Tribunal till deposit.

Accordingly, the appeal is allowed.