- 1 - NC: 2025:KHC:12743 MFA No. 8486 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.8486 OF 2018 (RCT) BETWEEN: SHANTHAMMA WIFE OF LATE HANUMANTGOUDA BISANAL, AGED ABOUT 52 YEARS, OCC:HOUSEHOLD, RESIDENTS OF NO.174/1, NEAR M.K. BUILDING, BASAVARAJAPETE, DAVANGERE TALUK AND DISTRICT. …APPELLANT (BY SRI.M.R.HIREMATHAD, ADVOCATE) AND: THE UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER, SOUTH WESTERN RAILWAY, HUBLI - 580 020. …RESPONDENT (BY SRI. SHANTHI BHUSHAN.H, DSGI) THIS MFA HAS FILED U/S 23(1) OF RAILWAY CLAIMS TRIBUNAL ACT, AGAINST THE JUDGMENT AND ORDER DATED 02.04.2018 PASSED IN O.A.NO.II 075/2014 ON THE FILE OF THE RAILWAY CLAIMS TRIBUNAL, BENGALURU, DISMISSING ON MERITS. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12743 MFA No. 8486 of 2018 CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The applicant has preferred this appeal challenging the order dated 02.04.2018 passed by the Railway Claims Tribunal, Bangalore Bench, in O.A.No.II-U-75/2016, thereby dismissing the application. 2. The applicant being bonafide passenger had purchased ticket for travelling from Gadag to Basavanabagewadi and sustained injuries in the railway accident. The applicant had filed an application, which came to be dismissed on the reason that discrepancy found in mentioning the name of applicant as well as in mentioning the accidental falling of any person and passenger. Only on this discrepancy the application came to be dismissed by the Tribunal. 3. The Railway Claims Tribunal in the order sheet without appreciating the evidence on record simply dismissed the application by noting down there was discrepancy found in mentioning the name of the applicant - 3 - NC: 2025:KHC:12743 MFA No. 8486 of 2018 as well as mentioning “the accidental falling of any person”, which ought to have wordings as “accidental falling of any passenger”. Therefore, only on this trivial discrepancy, the application was dismissed. 4. From the evidence on record it is proved that the applicant has sustained injuries in the railway accident that occurred on 15.02.2015. The applicant has produced railway ticket before the Tribunal, which is marked as Ex.A-1. In the application name of the applicant is shown as “Shanthamma, w/o. Hanumantrayagouda Bisanal”, but the Tribunal has found fault with the name “Shantabai Hanumantrayagouda Bisanal”. Upon considering these names, there is no discrepancy in mentioning the name of applicant. The only discrepancy is mentioning the name of applicant as “Shanthamma” instead of “Shantabai”, but the Tribunal has found fault with this discrepancy. Therefore, only on this trivial reason the Tribunal has dismissed the application, as such the order passed by the - 4 - NC: 2025:KHC:12743 MFA No. 8486 of 2018 Tribunal is liable to be set aside. Accordingly, it is set aside. 5. From the medical evidence produced on record namely, wound certificate - Ex.A-4 it is proved that the applicant has suffered a wedge compression fracture and she has suffered 50% functional disability to the whole body. When this being the fact, it is proved that the applicant has sustained injuries in the said accident. Then the applicant ought to have been awarded compensation. Therefore, injuries suffered by the applicant comes under non schedule as per Item No.33 in Part III of the Schedule of Railway Accidents and Untoward Incidents (Compensation) Rules, 1990 and as such a sum of Rs.48,000/- is awarded with interest at 8% p.a. from the date of petition till realisation. Hence, I proceed to pass the following: ORDER (i) The appeal is allowed. - 5 - NC: 2025:KHC:12743 MFA No. 8486 of 2018 (ii) The order dated 02.04.2018 passed by the Railway Claims Tribunal, Bangalore Bench, in O.A.No.II-U-75/2016, is hereby set aside. (iii) The applicant is awarded a compensation of Rs.48,000/- along with interest @ 8% p.a. from the date of petition till realisation. (iv) The entire amount shall be released in favour of the applicant. SD/- (HANCHATE SANJEEVKUMAR) JUDGE DR List No.: 1 Sl No.: 60