Union Of India Owning v. R. Beena

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.06.2023

CORAM

THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI against C.M.A. No. 780 of 2016 Union of India owning Southern Railway Park Town, Chennai-600 003 represented by its General Manager ... Petitioner

Versus

1. Mrs.R.Beena

2. Mr. K.R.Mariappan

3. Mrs.M.Selvi ... Respondents Prayer:- Review Application has been filed under Order 47 Rule 1 of C.P.C. r/w 114 of Civil Procedure Code, against the order of this Hon'ble Court dated 31.03.2021 in C.M.A.No.780 of 2016. For Petitioner : Ms.T.P.Savitha For Respondents : Mr.T.Rajamohan 1/5

ORDER

The petitioner had filed this Review Application to review the order passed by this court submitting that as per new amendment in Rule 3 of the Railway Accident and Untoward Incidents (Compensation) Rules, 1990, the claimants are entitled for a total compensation of Rs.8,00,000/- (Rupees eight lakhs only) or already the deposited amount along with nominal interest, whichever is higher, but restricted to Rs.8,00,000/-. Hence, the order is to be reviewed and prayed to delete the interest portion in para 11 of the order and to issue fresh copy of the order to the parties concerned.

2. On considering submissions of learned counsel for petitioner, as per new amendment in Rule 3 of the Railway Accident and Untoward Incidents (Compensation) Rules, 1990, earlier order passed by this Court in C.M.A.No.780 of 2016 in paragraphs 11 and 12, as such is liable to be reviewed as follows :- 2/5

"Para 11 :- As per the notification dated 22.12.2016 published in the Gazette of India, Extraordinary - Ministry of Railways (Railway), amendments were brought to Rule 3 of Railway Accident and Untoward Incidents (Compensation) Rules, 1990 by inserting sub-rule (2), as per the amendment, the second proviso to Subrule (3) was amended by substituting the words "four lakhs" into "eight lakhs". Thus, as per the amendment a victim of untoward railway accident is entitled for a compensation of Rs.8,00,000/- (Rupees eight lakhs only) from 01.01.2017. In this case, the accident occurred before 01.01.2017. Therefore, as per new amendment in Rule 3 of the Railway Accident and Untoward Incidents (Compensation) Rules, 1990, the respondents/claimants are entitled for a total compensation of Rs.8,00,000/- and the petitioner is directed to deposit award amount of Rs.8,00,000/- (Rupees eight lakhs only) within a period of twelve weeks from the date of receipt of copy of this order or already the deposited 3/5

amount with nominal interest whichever is higher, but not exceeding a sum of Rs.8,00,000/-.

Para 12 The claimants/legal representatives of the deceased are permitted to withdraw their respective shares of compensation by filing an appropriate application and the payments are to be made through RTGS."

Accordingly, this Review Application stands disposed of. No costs. 19.06.2023 rpp 4/5

T.V.THAMILSELVI, J.

rpp against C.M.A.No.780 of 2016 19.06.2023 5/5