J.R. Midha, J. - (1.) The application is allowed and delay in filing the review petition is condoned. Reviw Pet.150/2018
(2.) The appellant is seeking review of the judgment dated 20th February, 2017 on the ground that the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990 were revised with effect from 1st January 2017 by the Railway Accidents and Untoward Incidents (Compensation) Rules, 2016 whereby the compensation amount for death was enhanced from Rs.4 lakh to Rs.8 lakh.
(3.) In Union of India v. Rina Devi,2018 SCCOnLineSC 507, the Supreme Court interpreted the Railway Accidents and Untoward Incidents (Compensation) Rules, 2016 and held that if the compensation amount under the pre-amended rules along with interest is more than the enhanced compensation of Rs.8,00,000/-, the claimants would be entitled to the higher amount. The relevant portion of the Supreme Court judgment is reproduced hereunder: 15.3. Wherever it is found that the revised amount of applicable compensation as on the date of award of the Tribunal is less than the prescribed amount of compensation as on the date of accident with interest, higher of the two amounts ought to be awarded on the principle of beneficial legislation. Present legislation is certainly a piece of beneficent legislation. 15.4. Accordingly, we conclude that compensation will be payable as applicable on the date of the accident with interest as may be considered reasonable from time to time on the same pattern as in accident claim cases. If the amount so calculated is less than the amount prescribed as on the date of the award of the Tribunal, the claimant will be entitled to higher of the two amounts. This order will not affect the awards which have already become final and where limitation for challenging such awards has expired, this order will not by itself be a ground for condonation of delay. Seeming conflict in Rathi Menon (supra) and Kalandi Charan Sahoo (supra) stands explained accordingly. The 4-Judge Bench judgment in Pratap Narain Singh Deo(supra) holds the field on the subject and squarely applies to the present situation. Compensation as applicable on the date of the accident has to be given with reasonable interest and to give effect to the mandate of beneficial legislation, if compensation as provided on the date of award of the Tribunal is higher than unrevised amount with interest, the higher of the two amounts has to be given. (Emphasis Supplied);