Taken up through video conferencing. 1. This petition has been filed under section 21(b) of the Act 1986 in challenge to the Order dated 09.06.2015 of the State Commission in appeal no. 394 of 2013 arising out of the Order dated 06.09.2013 of the District Commission in complaint no. 54 of 2006. 2. Heard the learned counsel for the two sides. Perused the material on record, including the Order dated 06.09.2013 of the District Commission, the impugned Order dated 21.06.2021 of the State Commission and the petition. 3. The matter pertains to injury to the right shoulder of the complainant (the respondent herein) due to deficiency and negligence on the part of the Railways (the petitioner herein). 4. The District Commission decided the complaint on contest. It held that deficiency and negligence on the part of the Railways caused injury to the shoulder of the complainant and ordered the Railways to pay Rs.1,00,000/- as compensation within 45 days of its order failing which it shall be liable to pay interest at the rate of 8% per annum on the said amount. 5. The State Commission re-appraised the evidence in appeal. For reasons recorded it concurred with the findings of the District Commission and affirmed the compensation of Rs.1,00,000/- awarded by the District Commission. 6. This petition was filed on 21.09.2015, invoking the revisional jurisdiction of this Commission. In the hearing on admission on 01.06.2016 the following Order was passed: IA/5090/2016 For the reasons stated in the application, the delay of 1 day in filing the Revision Petition is condoned. The applications stands disposed of accordingly. REVISION PETITION Issue notice, confined to the quantum of the compensation awarded by the State Commission, returnable for 26th August 2016. The petitioners shall directly remit to the Complainant a sum of Rs. 5,000/- towards travel and allied expenses within two weeks. Subject to the petitioners’ depositing in this Commission a sum of Rs. 25,000/- within 6 weeks from today, the operation of the impugned order shall remain stayed. The notice was confined to the question of quantum of compensation awarded by the State Commission (only). 7. While dwelling upon the aspect of compensation, learned counsel for the Railways, during the arguments, has also tried to touch upon the advisability of filing the complaint before the District Commission and not approaching the Railway Claims Tribunal. However, as already stated above, notice on the petition was confined to the question of quantum of compensation only. Admittedly, the Order dated 01.06.2016 of this Commission has neither been put to review nor to challenge. The Order was passed in 2016, we are now in 2021. As such we are confining ourselves to the question on which the notice was issued i.e. the quantum of compensation, and not entering into other arenas. 8. So far as the compensation is concerned, against a claim of Rs.19,01,000/- the District Commission awarded compensation of Rs. 1,00,000/- for injury caused to the right shoulder of the complainant due to deficiency and negligence on the part of the Railways. The compensation was ordered to be paid within a period of 45 days, which is self-evidently a reasonable period. Interest at the rate of 8% per annum was provided for in case of delay in making payment beyond the stipulated period of 45 days, which is again self-evidently to ensure that delay in itself does not dilute the award. The aspect of compensation has also been assessed by the State Commission, and the State Commission too has found the compensation to be “just and reasonable”. 9. In the given facts and specificities of the case, we find no good reason to interfere with the quantum of compensation awarded by the District Commission and as affirmed by the State Commission. 10. We but make it explicit that we have not examined any questions of law in the matter (the notice on the petition, having been issued in 2016, was limited to the question of quantum of compensation only, it was not agitated by the Railways for the last over 5 years). 11. With the observation as in para 10, the petition is dismissed. 12. The Registry is requested to send a copy each of this Order to all parties in the petition, within three days. The stenographer is also requested to upload this Order on the website of this Commission, immediately. |