FAO-2805-2002(O& [227] Satish Kum Union of In Coram : Present: PANKAJ J [1] Claims Trib that the cla of untowar compensati [2] suffered thr a schedule Incidents (C unschedule 02(O&M) IN THE HIGH COURT OF AT CHANDIGA FAO-2805 Date of De h Kumar versus n of India HON’BLE MR. JUSTICE PA Mr. Vipul Sharma, Advocate f Mr. Ramesh Chand Sharma, **** KAJ JAIN, J. (ORAL) Challenge is to the Award s Tribunal, Chandigarh Bench, Chand he claimant was a bona fide passenger ntoward incident while travelling in ensation as he suffered non-scheduled As per the findings recorded three fractures-ankle, medial malle eduled injury. Rule 3(3) of the R ents (Compensation) Rules, 1990 deal heduled injuries and reads as under:- “3(3) The amount of co any injury (other than an in referred to in sub-rule (2) resu be such as the Claims Tri consideration medical evidenc the case, determine to be reas T OF PUNJAB AND HARYANA DIGARH 2805-2002(O&M) of Decision : 16.02.2026 …Appellant ….Respondent PANKAJ JAIN ocate for the appellant. rma, Advocate for the respondent-UOI ward passed by the learned Railwa Chandigarh, whereby the Tribunal he senger who suffered injuries on accou ing in railways but refused to awar eduled injuries. corded by the Tribunal, the claima l malleolus and talus. The injury is n the Railway Accidents and Untowar 0 deals with compensation in respect o f compensation payable in respect injury specified in the Schedule resulting in pain and suffering, sha Tribunal may, after taking in dence, besides other circumstances reasonable: 1 UOI. Railway nal held account award claimant ry is not ntoward spect of pect of ule or , shall g into ces of RAJNEESH SHARMA 2026.02.20 16:33 I attest to the accuracy and integrity of this document FAO-2805-2002(O& [3] Rule 3(3) [4] denying c recording a [5] i.e. fracture would affe difficulty in and discom scheduled i [6] the compen amendment enhanced to [7] case of ‘Un held entitle from the da or Rs.1,60,0 02(O&M) Provided that if more than o accident, compensation shall b injury: Provided further that the tota such injuries shall not exc Thousand].” The injury being unschedule of 1990 Rules. In the considered opinion of ing compensation of Rs.80,000/- ding any cogent reasons. Keeping in view the nature of racture of ankle, medial malleolus an d affect his normal day-to-day activ ulty in walking, standing and carryin discomfort. Though the injuries su duled injuries but the appellant has be Keeping in view the nature of ompensation is accordingly enhanced dments, which came into effect w nced to Rs.1,60,000/-. In view of the observations m Union of India vs. Rina Devi, 2 entitled to an amount of Rs.80,000/ the date of filing of the claim petition .1,60,000/- whichever is higher. an one injury is caused by the sam all be payable in respect of each suc total compensation in respect of a exceed [Rupees One Lakh Six heduled injury would be governed b on of this Court, the Tribunal erred to the injured victim, witho ture of injuries suffered by the claiman and talus, it is clear that the sam activities. The claimant would fac carrying routine work, apart from pa ies suffered by the claimant are non een left crippled. ture of injury suffered by the claiman anced to Rs.80,000/-. The amount aft fect w.e.f. 01.01.2017 has now bee ions made by the Supreme Court in th vi, 2019 (3) SCC 572, the claimant ,000/- with interest @ 9% per annu etition till the date of actual realizatio 2 same h such of all Sixty rned by erred in without laimant, he same uld face om pain re non- laimant, unt after w been rt in the imant is annum alization RAJNEESH SHARMA 2026.02.20 16:33 I attest to the accuracy and integrity of this document FAO-2805-2002(O& [8] adjusted. appropriate respondent failure to p interest @ 9 [9] awarded by same is dep [10] [11] disposed of 16.02.2026 ‘R. Sharma' 02(O&M) Needless to say, any amount . The claimant shall supply opriate application before the Trib ndent shall release the amount within re to pay within the stipulated period, est @ 9% per annum even on the amou The Tribunal is directed to t ded by this Court to the bank accou is deposited by the respondent. Disposed off accordingly. All pending miscellaneous ed off. .2026 Whether speaking/ reasoned Whether reportable ount already paid shall be set off an his account details by filing a e Tribunal within 04 weeks. Th within 08 weeks thereafter. In case period, the claimant shall be entitled e amount of Rs.1,60,000/-. d to transfer the due compensation a account of the claimant as soon as th neous application(s), if any, stand (PANKAJ JAIN) JUDGE : Yes/No : Yes/No 3 and iling an . The case of titled to ation as n as the stands RAJNEESH SHARMA 2026.02.20 16:33 I attest to the accuracy and integrity of this document