N PARAMESWARAN PILLAI Vs. UNION OF INDIA
LAWS(SC)-2002-4-21
SUPREME COURT OF INDIA (FROM: KERALA)
Decided on
April 12,2002
N.PARAMESWARAN PILLAI
Appellant
VERSUS
UNION OF INDIA
Respondents
Referred Judgements :-
RATHI MENON VS. UNION OF INDIA [REFERRED]UNION OF INDIA VS. THANKARAJ [REFERRED]
Cited Judgements :-
UNION OF INDIA VS. SARITA ALIAS SHANTI DEVI [LAWS(ALL)-2005-10-197] [REFERRED TO]UNION OF INDIA VS. RANI AND OTHERS [LAWS(ALL)-2004-4-257] [REFERRED TO]
PREMLABAI VS. UNION OF INDIA [LAWS(BOM)-2019-7-54] [REFERRED TO]
SMT. FULCHUHI PRAJAPATI VS. UNION OF INDIA [LAWS(JHAR)-2017-2-91] [REFERRED TO]
PHAKU MIAN VS. UNION OF INDIA [LAWS(JHAR)-2018-4-221] [REFERRED TO]
P RAJESHWARI VS. UNION OF INDIA [LAWS(MAD)-2009-4-387] [REFERRED TO]
UNION OF INDIA VS. ADDL REGISTRAR [LAWS(MAD)-2012-7-71] [REFERRED TO]
UNION OF INDIA VS. AHALYA PRUSTI [LAWS(ORI)-2008-8-26] [REFERRED TO]
LAXMIBAI W/O SAINATH DANEKAR VS. MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD. [LAWS(BOM)-2020-1-263] [REFERRED TO]
NARAYANI BAI VS. UNION OF INDIA [LAWS(MPH)-2003-11-11] [REFERRED TO]
SEEMA RANI VS. UNION OF INDIA [LAWS(P&H)-2009-3-147] [REFERRED TO]
UNION OF INDIA VS. MOHINDER SINGH [LAWS(P&H)-2011-1-83] [REFERRED TO]
EXECUTIVE ENGINEER VS. R. WARA LAXMI [LAWS(ORI)-2013-8-19] [REFERRED TO]
UNION OF INDIA VS. MEERA KUMARI [LAWS(ALL)-2004-4-32] [REFERRED TO]
FAJIRAN BEGUM VS. ASSAM POWER DISTRIBUTION CO. LTD [LAWS(GAU)-2023-2-63] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. ABDUL SATTAR KHAN [LAWS(ALL)-2009-11-43] [REFERRED TO]
UNION OF INDIA VS. SMT. GAYATRI DEVI [LAWS(ALL)-2018-8-305] [REFERRED TO]
Ramahari Behera VS. Union of India [LAWS(ORI)-2008-7-58] [REFERRED TO]
UNION OF INDIA VS. TRILOCHAN NAYAK [LAWS(ORI)-2008-7-15] [REFERRED TO]
R GEETHA VS. UNION OF INDIA [LAWS(KER)-2004-9-38] [REFERRED TO]
S BHAGYALAXMI VS. UNION OF INDIA [LAWS(BOM)-2005-12-37] [REFERRED TO]
DALIT S/O TUKARAM MUDKHEDE VS. UNION OF INDIA [LAWS(BOM)-2019-7-59] [REFERRED TO]
RANJANABAI TUKARAM JATALE VS. UNION OF INDIA [LAWS(BOM)-2019-7-347] [REFERRED TO]
PRAMATH KUMAR JENA VS. UNION OF INDIA [LAWS(ORI)-2011-5-4] [REFERRED TO]
GURMEET VS. GURMEET [LAWS(P&H)-2019-12-371] [REFERRED TO]
UNION OF INDIA VS. BANTI KUMAR @ BANTI KUMAR SINGH [LAWS(DLH)-2007-11-148] [REFERRED TO]
PRASANT KUMAR CHOUDHURY VS. UNION OF INDIA [LAWS(ORI)-2006-11-21] [REFERRED TO]
GANGA BEACH RESORT, TAPOVAN VS. STATE OF UTTARAKHAND AND OTHERS [LAWS(UTN)-2017-11-60] [REFERRED TO]
KAMLESH VS. UNION OF INDIA THROUGH THE GENERAL MANAGER [LAWS(P&H)-2009-5-82] [REFERRED TO]
SANJAY SAMPATRAO GAIKWAD VS. UNION OF INDIA [LAWS(BOM)-2005-6-63] [REFERRED TO]
SHIV KUMARI VS. UNION OF INDIA [LAWS(P&H)-2007-4-80] [REFERRED TO]
U.O.I. VS. SMT. SHAMIM AND OTHERS [LAWS(RAJ)-2006-8-108] [REFERRED TO]
TAHAZHATHE PURAYIL SARABI VS. UNION OF INDIA [LAWS(SC)-2009-5-71] [REFERRED TO]
UNION OF INDIA VS. GURMEET [LAWS(P&H)-2019-12-406] [REFERRED TO]
UNION OF INDIA VS. SANGITA DEVI [LAWS(JHAR)-2019-10-71] [REFERRED TO]
UNION OF INDIA VS. SHAMBHU NATH SARKAR [LAWS(JHAR)-2018-4-118] [REFERRED TO]
ANITA RABHA VS. ASSAM POWER DISTRIBUTION COMPANY LTD [LAWS(GAU)-2021-11-130] [REFERRED TO]
ABDUL KHALEQUE VS. STATE OF ASSAM [LAWS(GAU)-2021-11-111] [REFERRED TO]
UNION OF INDIA VS. LILA MAYA SANNASI [LAWS(GAU)-2002-11-19] [REFERRED TO]
SRI DHARNIDHAR SHARMA VS. UNION OF INDIA [LAWS(JHAR)-2017-12-172] [REFERRED TO]
JUDGEMENT
Sethi, J. -
(1.)Leave granted.
(2.)Denying them the benefit of the amendment to the Railways Accidents and Untoward Incidents (Compensation) Rules, 1990 as amended in 1997 and relying upon its earlier judgment in Union of India vs. Thankaraj [1999 (3) KLT 320], the High Court refused to enhance the compensation for the death of P. Suresh Kumar in a train accident which had occurred on 17-7-1997. Relying upon a judgment of this Court in Rathi Menon vs. Union of India (2001) 3 SCC 714 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 ultimately closed finding it as a case of accidental death. The appellants thereafter prayed for the award of compensation of Rs. 4 lakhs which was disposed of by the Railway Claims Tribunal vide its judgment dated 29th October, 1998 holding the appellants entitled to the payment of Rs. 2 lakhs by way of compensation for the untoward incident along with interest at the rate of 15% per annum from the date of default. In the appeal before the Division Bench of the High Court the order of the Tribunal awarding compensation was upheld and the appellants held entitled @ 12% per annum from 29-12-1997, the date of petition till 29-11-1998.
(2.)Denying them the benefit of the amendment to the Railways Accidents and Untoward Incidents (Compensation) Rules, 1990 as amended in 1997 and relying upon its earlier judgment in Union of India vs. Thankaraj [1999 (3) KLT 320], the High Court refused to enhance the compensation for the death of P. Suresh Kumar in a train accident which had occurred on 17-7-1997. Relying upon a judgment of this Court in Rathi Menon vs. Union of India (2001) 3 SCC 714 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 ultimately closed finding it as a case of accidental death. The appellants thereafter prayed for the award of compensation of Rs. 4 lakhs which was disposed of by the Railway Claims Tribunal vide its judgment dated 29th October, 1998 holding the appellants entitled to the payment of Rs. 2 lakhs by way of compensation for the untoward incident along with interest at the rate of 15% per annum from the date of default. In the appeal before the Division Bench of the High Court the order of the Tribunal awarding compensation was upheld and the appellants held entitled @ 12% per annum from 29-12-1997, the date of petition till 29-11-1998.
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