Amended railway accident compensation rate governs the award when the compensation order is made after the amendment.

In railway accident compensation claims, the amended compensation rate applies where the compensation order is made after the amendment, even if the accident occurred earlier. The rule was treated as governing the award at the time of payment because the amendment was intended to update the monetary value of compensation and avoid arbitrary differences between similarly situated claimants. Applying the earlier rate would frustrate that object and produce an unjust result under the statutory scheme. The claimants were therefore entitled to the enhanced compensation, and the reduced award was set aside.

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Issues: Whether the claimants were entitled to compensation at the enhanced rate under the amended Railways Accidents and Untoward Incidents (Compensation) Rules, 1990, when the accident had occurred before the amendment but the claim was decided thereafter.

Analysis: The amendment increasing compensation was intended to update the monetary value of the award and avoid arbitrary discrimination between similarly situated claimants. The operative rules governing compensation were those in force when the Tribunal made the order for payment, not merely those in force on the date of the accident. Applying the earlier rate would defeat the object of the amendment and produce an unjust result inconsistent with the statutory scheme.

Conclusion: The claimants were entitled to the enhanced compensation of Rs. 4 lakhs, and the reduced award was liable to be set aside.

Ratio Decidendi: In claims for railway accident compensation, the amended rate applicable on the date of the compensation order governs the award where the amendment is intended to update the compensation amount.

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