REVIEW PETITION 244 of 2021 on 29 December 2023

1. Pappala Satyavathi, W/o.Late P.Arjun, aged 35 years, R/o.D.No.23-281,SivaLingeswaraNagar,EnamalakuduruVillage,KrishnaDistrict, PIN - 520007.281,SivaLingeswaraNagar,EnamalakuduruVillage,KrishnaDistrict, PIN - 520007.

2. Pappala Sailaja, D/o.Late P.Arjun, aged 12 years, R/o.D.No.23-281,Siva Lingeswara Nagar, Enamalakuduru Village, KrishnaDistrict,PIN - 520007.Siva Lingeswara Nagar, Enamalakuduru Village, KrishnaDistrict,PIN - 520007.

3. Pappala Siddardha, S/o.Late P.Arjun, aged 10 years, R/o.D.No.23-281,SivaLingeswaraNagar,EnamalakuduruVillage,KrishnaDistrict, PIN - 520007.281,SivaLingeswaraNagar,EnamalakuduruVillage,KrishnaDistrict, PIN - 520007.

4. PappalaMadhavaRao,S/o.P.Appalaram,aged50years.R/o.D.No.23-281, Siva Lingeswara Nagar, Enamalakuduru VillageKrishna District, PIN - 520007.R/o.D.No.23-281, Siva Lingeswara Nagar, Enamalakuduru VillageKrishna District, PIN - 520007.

5. PappalaKrishnaveni,W/o.P.Madhavarao,aged48years,R/o.D.No.23-281, Siva Lingeswara Nagar, Enamalakuduru Village,Krishna District, PIN - 520007.

(Applicants No.2&3 being minors, represented by their mother,natural Guardian and Applicant No.1)

...Respondents/Appellants

Petition under Order 47, Rule1 of CPC read with Section114ofCPCpraying that in the circumstances stated in the affidavit filed in supportof the petition, the High Court may be pleased to Review the Order dated29.12.2023 passed in CMA No.244 of 2021.

Counsel for the Petitioner: Sri J U M V Prasad (Central GovernmentCounsel)

Counsel for the Respondents: None appeared The Court made the following ORDER; The application is filed to review the order dated 29.12.2023 passed inthe C.M.A and modify the Judgment.

2. Heard Mr. J.U.M.V.Prasad, learned counsel for the review petitioner.None appears for the respondent/petitioner.

3. Learned counsel for the review petitioner would contend that in caseof death in an accident which occurred before amendment, the basic figurewould be Rs.4,00,000/-.If after applying reasonable rate of interest the finalfigure were to be less than Rs.8,00,000/-, which was brought in by way ofamendment, the claimant would be entitled to Rs.8,00,000/-.If however the amount of original compensation with rate of interestwere exceed the sum ofRs.8,00,000/- thecompensation would bein terms of figurein excessofRs.8,00,000/-. Whereas this Court allowedthe compensation of Rs.8,00,000/-and on Rs.8,00,000/- and with interestat 6% p.a from the date of filing claimtill the date of award and thereafter,at the rate of 9% p.a till the date of actualpayment, instead of on the amount ofcompensation of Rs.4,00,000/-, sincethe incident occurred priprior to amendment i.e dated 01.01.2017. WhereasinKamukyiu and Othersv. Union of India and Others the Hon 'ble ApexCourtawarded interest from the date of application tillthe date of realization onlyand there is no further stage of interest awardedfrom the date of Award to tillrealization. In view of thesame, there is an error apparent on the face of therecord in the order of this Court. Hencereview the C.M.A and modify theorder in the interest of justice.

4. Perused the Judgment

5. Learned counsel for the Review Petitioner placed on record thecommonorder passedinI.A.No.1of 2022 andI.A.No.2Of2023inC.M.A.No.1074 of 2018, wherein this Courtat Para 8 held as follows; However, in a subsequent Judgment referredabove, the Hon’ble ApexCourt while considering thepayment of interest and payment of enhancedcompensation, was pleased to observe that:

In case of death iin an accident which occurred beforeamendment, thebasic figure would be Rs.4,00,000/-If after applying reasonablerateof interest, the final figurewere to be less than Rs. 8,00,000/-. which was broughtin by way of amendment,the claim would be entitledto Rs. 8,00,000/-.Ifhowever, theamount of original compensation withrate of interest were toexceed the sum of Rs. 8,00,000/-, the compensation would bein terms offigure in excess of Rs. 8,00,000/-.The Idea is to afford the benefit of theamendment to the extent possible”.

6. No doubt, thereiIS an error crept with regard to amount awarded bythis Court and also interestpart in the Judgment inadvertently. Howeverasper written instructions, it is contended that the amount ofcompensation as onthe date of incident is Rs.4,00,000/- and interestaccrued at 6% thereon wouldbe at Rs.2,47,533/- i.e till date of judgment and further wiwith accrued interest at9% i.etill date ofactual payment is at Rs. 18,900/-totalling Rs.6,66,433/-.However, the review petitioner has sanctionedan amount of Rs.8,00,000/-and the same has been paid to thepetitioner/claimant on 09.07.2024.

7. Considering the submissionsof learned counsel for theReviewPetitioner, theoperative portion of the order passed by this Court dated29.12.2023 in C.M.A.No.244of 2021 is modified as under;

14. Following the decisions cited supra, this CourtiIS inclined to allowthe Civil Miscellaneous Appeal, while setting aside thei- impugned judgmentpassed by the learned Tribunal dated29.07.2021 passed in OA/ll/U/299 of2013. The appellants are permitted to claimcompensation of Rs.8,00,000/-(Rupees Eight Lakhs Only) from therespondent in equal shares and permitted to withdraw the compensation amount in equal shares. As far as share ofcompensation amount of miminor petitioners 2 and 3 are concerned, the sameshad be kept in Fixed Depositi'n any Nationalized Banktill they attainsmajority.

15. With the above direction the Civil Miscellaneous Appeal IS allowed,It is made clear that therespondent, Union of India, is directed to depositanamount of Rs.8,00,000/- (Rupees Eight Lakhs- Only) within a period of two (02)months from the date ofreceipt of a copy of this order. Thereshall be no orderas to costs”.

8. Registry is directedto make necessary corrections in the said orderand issue revised/amendedcopy of the order to the learned counsels.

Accordingly, the applicationis allowed.

//TRUE COPY//

SD/- K TATA RAODEPUTY REGISTRAR

To,

SECTION OFFICER

1. The Railway Cainrs Tribunal, Amaravati Bench, at[Guntur]2. one CC to SnrtGeetha Madhuri NS, Advocate [OPUC]to Sri J u M V Prasad (Centralto Sri J u M V Prasad (Central '

Government Counsel) [OPUCJ4. Three CD Copies BSV

sree

HIGH COURT

DATED:27/09/2024

ORDER

lA No.1 OF 2024 in CMA.No.244 OF 2021

Of AND/y^-so\X2 8 NOV 202'!o»m■^Current Saciion ALLOWING THE lA No.1 OF 2024