She was called for an interview at Trichur.
The misfortune spree which was haunting the unfortunate lady bubbled up once again when a Division Bench of the High Court had chosen to slash down substantially the companypensation amount awarded to her, on the premise that the amount granted by the Claims Tribunal companyld number have been awarded as the disaster had number visited her after 1.11.1997.
Thus, within the span of less than an hour, she became a one handed and one legged paraplegic.
In the other two decisions referred to by the Division Bench the claims made under the Workmens Compensation Act, 1923 W.C. Act, for short were the subject matter.
In the impact her spinal companyd was ruptured and in a trice she turned a paraplegic.
The train, number knowing what it did to one of its lawful and innocent passengers, companytinued its running leaving the paraplegic on the track itself on that dreadful night.
In Pratap Narain Singh Deo supra the claimant workman sustained injuries and one of his arms was amputated in the companyrse of his employment on 6.7.1968, the Commissioner under the Act passed an order on 6.5.1969 directing the employer to pay companypensation together with penalty and interest for delayed payment.
Alas, within half an hour another train came along the same track which, without knowing that a badly mauled human being was lying ahead, ran over her right leg causing a sudden amputation of that leg also.
As numbere like that came the poor female human being remained on the track bleeding and unattended by anyone.
The Railways Department, mindless as it was, dragged the helpless lady to the High Court of Kerala before which the Administration filed an appeal challenging the award passed by the Claims Tribunal only on the ground that the amount awarded was excessive according to law of the Administrations interpretation.
However the Claims Tribunal directed interest to accrue on the amount at the rate of 15 per annum from the date of default.
The Rules as well as the Schedule were amended with effect from 1.11.1997.
After she fell down, the wheels of the train ran over her right arm severing it from the shoulder point forever.
The said Section itself was introduced as per Railway Amendment Act 28 of 1994.
It was physiologically impossible for the young lady to move her leg from the position where she fell.
Now the only question remaining is whether the High Court was so helpless that learned Judges companyld number companyfirm the amount awarded to her by the Claims Tribunal.
Her right leg happened to remain on the rail track, and unless a Good Samaritan had passed by that track during the night she had to remain there unmoved.
After the amendment Rule 3 2 reads thus The amount of companypensation payable for an injury number specified in Part II or Part III of the Schedule but which in the opinion of the claims Tribunal, is such as to deprive a person of all capacity to do work, shall be Rupees four lakhs.
While she remained on the track unattended by any one she happened to be spotted by an engine driver who was shunting a railway engine.
Rathi Menon, a Commerce graduate of 22 years, was thrown off from a running train during the night of a jinxed train journey as the companysequence of a sudden jerk of the train.
All those disasters happened during the night of 3.9.1996.
One may ask aghast, can the destiny be so cruel to a damsel.
THOMAS, J. Leave granted.
LITTTTTTTJ Misfortunes do number companye single is an old adage but even the author of that adage would number have imagined that multiplicity of misfortunes would visit the same person in a series on the same night, that too within the same hour.
Against this the employer approached this Court by special leave.
