- 1 - NC: 2025:KHC:11733 MFA No. 3054 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 3054 OF 2022 (RCT) BETWEEN: UNION OF INDIA REP. BY ITS GENERAL MANAGER SOUTH WESTERN RAILWAY, HUBLI. …APPELLANT (BY SRI. UNNIKRISHNAN M., CGSC) AND: 1. A. N. MURALIDHAR S/O LATE A. NAJAPPA SETTY AGED ABOUT 62 YEARS OCCUPATION: COOLIE 2. A. M. DHANUSH BABU S/O A. N. MURALIDHAR AGED ABOUT 27 YEARS OCCUPATION: STUDENT 3. A. M. TANUJA D/O A N MURLIDHAR AGED ABOUT 27 YEARS OCCUPATION: STUDENT (RESPONDENTS ARE RESIDENT OF KAMUTHAMUR VILLAGE OF KUPPAM MANDALAM OF CHITTOOR DISTRICT OF ANDHRA PRADESH AND TEMPORARILY R/AT H. NO. 217, 1ST BLOCK, 3RD MAIN, 3RD CROSS, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11733 MFA No. 3054 of 2022 DEVASANDRA MAIN ROAD, AYYAPPA NAGAR, BANGALORE OF KARNATAKA STATE) …RESPONDENTS (BY SRI. ADINARAYAN, ADV. FOR CR/R1 TO R3) THIS MFA IS FILED U/S 23(1) OF RAILWAY CLAIMS TRIBUNAL ACT, 1987 AGAINST THE ORDER DATED 24.03.2021 PASSED IN OA NO. II U 091/2017 ON THE FILE OF THE RAILWAY CLAIMS TRIBUNAL, BENGALURU, ALLOWING THE CLAIM APPLICATION FOR COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The appellant- Union of India has preferred this appeal challenging the judgment and award dated 24.03.2021 passed in OA II U 091 of 2017 by the Railway Claims Tribunal, Bangalore Bench, (hereinafter referred to as 'Tribunal' for short), whereby the Tribunal has awarded compensation. 2. Brief facts of this case are that: The deceased was a native of Kamathamuru Village of Kuppam Mandal of Chittoor District and temporarily - 3 - NC: 2025:KHC:11733 MFA No. 3054 of 2022 residing at Bangalore. On 25.02.2017, the deceased purchased travel ticket bearing No.UOA-19233140 from Krishnarajapuram Railway Station, since he intends to travel from Krishnarajapuram Railway Station to Kuppam. During the course of journey, the deceased accidentally fel down from the moving train at Kuppam Railway Station yard, she sustained grievous injuries and was shifted to various hospitals for treatment but due to failure of treatment, she succumbed to injuries on 28.02.2017. 3. The claimants being the husband and children of deceased, have filed the claim petition before the Tribunal claiming compensation. The Tribunal based on the evidence and arguments advanced by either side of the parties, has allowed the claim petition on the ground that the death of deceased is an untoward incident as defined under Section 123 (c)(2) of the Railways Act. Being aggrieved by the said judgment and award, the appellant-Union of India, is before this Court. - 4 - NC: 2025:KHC:11733 MFA No. 3054 of 2022 4. The appellant-Union of India has raised various grounds that the Tribunal has erred in awarding compensation, by allowing the claim of the respondent, without considering the contentions of the appellant- railways, it ought to have considered that it is not proved that the deceased was a bonafide passenger and his death was a suspicious death. The appellant also taken the ground that the death of deceased was due to self inflicted injury as it is clear from the DRM report. On all these grounds, prays to set aside the judgment and award passed by the Tribunal. 5. Learned counsel for the appellant-Union of India in consonance with the grounds raised has contended that the death of deceased is not an untoward incident but it is due to self inflicted injury. Further, it is submitted that the claimants have not discharged their onus to prove that the deceased was a bonafide passenger and prays to allow the appeal. - 5 - NC: 2025:KHC:11733 MFA No. 3054 of 2022 6. On the other hand, learned counsel for the claimants contended that the deceased has purchased the ticket and while she was in course of the journey, he met with an untoward incident in the train. As such, the deceased is a bonafide passenger and his death is not due to self inflicted injury. Hence, he prays to dismiss the appeal. 7. Upon considering the evidence of AW.1 coupled with Ex.A3 i.e. copy of the recovered ticket, it is proved the fact that the deceased was a bonafide passenger. On 25.02.2017, the deceased went to Krishnarajapuram Railway Station and purchased tickets which is marked as Ex.A3 to travel in the train No.12640-Brindavan Express and accidentally she fell down from the moving train in the Kuppam Railway Station Yard and succumbed to injuries. Therefore, the evidence of Aw.1 i.e., the husband of deceased coupled with Ex.A3 - copy of a ticket, the initial onus on the claimants goes to prove that the deceased was a bonafide passenger. When this being the fact, the - 6 - NC: 2025:KHC:11733 MFA No. 3054 of 2022 death of deceased is not due to self inflicted injuries and it is an untoward incident. 8. Further, the evidence of appellant-Union of India is that the death of deceased is a suspicious death. But as per post mortem report and DRM report, it is proved that the deceased fell down from the moving train and sustained injuries and due to failure of treatment, she died. When all these facts are proved before the Tribunal, there is no illegality or perversity found in the order passed by the Tribunal and no interference is required by this Court. Hence, the appeal is liable to be dismissed and accordingly it is dismissed. SD/- (HANCHATE SANJEEVKUMAR) JUDGE SSD List No.: 1 Sl No.: 57