Union Of India Owning v. S.Gnanguru

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. 3023 of 2014 Union of India owning Southern Railway Park Town, Chennai-600 003 represented by its General Manager ... Petitioner

Versus

1. S.Gnanaguru

2. G.Valarmathi

3. G.Priya ... 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 30.03.2021 in C.M.A.No.3023 of 2014. For Petitioner : Ms.T.P.Savitha For Respondents : Mr.D.Dhanam

ORDER

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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 9 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.3023 of 2014 in para 9, as such is liable to be reviewed as follows :- "Para 9 :- 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 2/4

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

Accordingly, this Review Application stands disposed of. No costs. 19.06.2023 rpp 3/4

T.V.THAMILSELVI, J.

rpp against C.M.A.No.3023 of 2014 19.06.2023 4/4