While allowing the appeal, the High Court held the respondent to be entitled to companypensation of Rs.8,00,000/ with interest 9 per annum.
During the pendency of the matter by way of amendment, the amount of companypensation which was earlier at the level of Rs.4,00,000/ in case of death was raised to Rs.8,00,000/ .
The challenge raised by way of review petition was also rejected on 30.11.2017.
The Railway Accidents and Untoward Incidents Compensation Rules, 1990 hereinafter referred to as the Rules provide for a Schedule prescribing the amount of companypensation payable in respect of death and injuries.
The dismissal of the Claim Petition was challenged by the respondent i.e. widow of the deceased by filing FMA No.858 of 2012 in the High Court at Calcutta.
It was found by the High Court that in terms of Section 124 A of the Act the Principle of Strict Liability would arise and as such the Tribunal was number right in denying companypensation to the respondent.
