[113] Teras Ram Union of I Northern R Coram : Present: PANKAJ J [1] [2] suffered by at Serial within the to the Rail 1990?” [3] completely held that th Serial No.1 appended to [4] submit that IN THE HIGH COURT OF AT CHANDIGA FAO-6951 Date of De s Ram versus n of India through General Manage hern Railway, Baroda House, New Del HON’BLE MR. JUSTICE PA Mr. S.R. Chaudhary, Advocate Ms. Archana Vashisht, Ce respondent-UOI. **** KAJ JAIN, J. (ORAL) Claimant is in appeal, seeking The issue that needs to be d by the claimant-appellant falls wit ial Item No.19 as held by the Railw the ambit of that mentioned at Seria Railway Accidents and Untoward Learned counsel for the app letely misconstrued the injury suffer that the injury suffered by the claima No.19 ignoring injury mentioned nded to 1990 Rules. Per contra, learned counsel fo it that it being a case wherein the claim T OF PUNJAB AND HARYANA DIGARH 6951-2017 (O&M) of Decision : 28.01.2026 …Appellant anager, ew Delhi. ….Respondent PANKAJ JAIN vocate for the appellant. t, Central Govt. Counsel for th eeking enhancement of compensation. o be decided is: “whether the inju s within the ambit of injury describe ailway Claims Tribunal or shall fa Serial No.3 of the Schedule appende ard Incidents (Compensation) Rule e appellant submits that the Tribun suffered by the appellant and wrong claimant would be covered by injury ioned at Serial No.3 of the Schedu nsel for the respondent-Railways wou e claimant has suffered amputation of for the sation. injury cribed ll fall ended Rules, Tribunal wrongly njury at chedule s would ion of RAJNEESH SHARMA 2026.01.30 16:07 I attest to the accuracy and integrity of this document FAO-6951-2017 (O&M) -2- one leg and fracture in the other. Learned Tribunal has rightly held the injury suffered by the claimant to be covered by injury No.19. [5] I have heard counsel for the parties and have carefully gone through records of the case. [6] The injuries suffered by the claimant as described in the Award passed by the learned Tribunal read as under:- “ In this case, the applicant suffered traumatic amputation of right leg from thigh and the said injury falls under scheduled injury at Sr. No.19 of part III of the Schedule Rule 3 for which an amount of ₹ 4,80,000/- has been prescribed. The applicant has also suffered other injuries like multiple fractures on left leg and amputation of left heel.” [7] Item No.3 and Item No.19 of the Schedule appended to the 1990 Rules read as under:- “xxxx xxxx xxxx (3) For double amputation through leg or thigh or amputation through leg or thigh on one side and loss of other foot ₹ 4,00,000/- xxxx xxxx Xxxx (19) For amputation below middle thigh to 3 ½ below knee ₹ 2,40,000/- xxxx xxxx xxxx” [8] From the injury suffered by the claimant as spelled out by the Tribunal in the impugned award, it is evident that he not only suffered amputation of right leg from thigh but also suffered amputation of heel of the left foot. Apart from having lost the heel, the claimant also suffered multiple fractures on left leg. This is equivalent loss of foot. RAJNEESH SHARMA 2026.01.30 16:07 I attest to the accuracy and integrity of this document FAO-6951-2017 (O&M) -3- [9] In view thereof, this Court finds that the learned Tribunal erred in assessing the injuries suffered by the claimant. The injury suffered by the claimant in untoward incident is relatable to the injury mentioned at Serial No.3 of the Schedule rather than the one scheduled at Serial No.19. [10] In view of the aforesaid discussion, the Award passed by the learned Tribunal is modified to the extent that the injuries suffered by the claimant are held relatable and thus the one that fall within the ambit of injury as enumerated under Item No.3 of the Schedule appended to 1990 Rules. He is held entitled for compensation of ₹ 8,00,000/- instead of ₹ 5,30,000/- as awarded by the learned Tribunal. [11] The claimant shall also be entitled for interest @ 7% per annum from the date of filing of the claim petition till the date of actual realization. [12] Needless to say, the amount already paid shall be set off. The amount awarded by this Court shall be released to the claimant forthwith on him furnishing bank details by filing an appropriate application before the learned Tribunal. [13] The appeal is disposed off accordingly. [14] All pending miscellaneous application(s), if any, stands disposed off. (PANKAJ JAIN) JUDGE 28.01.2026 ‘R. Sharma' Whether speaking/ reasoned : Yes/No Whether reportable : Yes/No RAJNEESH SHARMA 2026.01.30 16:07 I attest to the accuracy and integrity of this document