- 1 - NC: 2025:KHC:9845 MFA No. 5666 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 5666 OF 2017 (RCT) BETWEEN: THE UNION OF INDIA REPRESENTED BY ITS GENERAL MANAGER SOUTHERN WESTERN RAILWAY HUBLI-20 …APPELLANT (BY SRI. B. M. KUSHALAPPA, CENTRAL GOVERNMENT COUNSEL) AND: 1. SMT. REKHA BAI WIFE OF LATE H D MADHUSUDHAN RAO, 31 YEARS, 2. SMT. PADMA BAI WIFE OF LATE DEVA RAO AGED 59 YEARS 3. H.M. DARSHINI D/O LATE H D MADHUSUDHAN RAO, 5 YEARS MINOR REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN SMT REKHA BAI THE 1ST RESPONDENT. ALL RESIDING AT HUNISENAHALLI VILLAGE, KP DODDI POST, KAILANCHA HOBLI RAMANAGARA TALUK AND DISTRICT – 571 511. …RESPONDENTS (BY SRI. S J SANGHVI ADVOCATE FOR R1-R3; (R3- MINOR REPRESENTED BY R1) Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9845 MFA No. 5666 of 2017 THIS MFA FILED U/S.23(1) OF THE RAILWAY CLAIMS TRIBUNAL ACT, AGAINST THE JUDGMENT AND AWARD DATED 08.02.2017 PASSED ON OA II U 60/2014 ON THE FILE OF THE RAILWAY CLAIMS TRIBUNAL, BENGALURU BENCH, AWARDING COMPENSATION OF RS.8,00,000/- ALONG WITH INTEREST AT 6% P.A. FROM THE DATE OF CLAIM APPLICATION TILL THE DATE OF AWARD. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Though the matter is listed for admission, but with consent of both the learned counsels appearing for the parties, matter is taken up for final disposal. 2. The appeal is filed by the appellant/Union of India questioning the judgment and award dated 08.02.2017 passed in O.A.II U 60/2014 on the file Railway Claims Tribunal, Bengaluru Bench, (hereinafter referred to as 'the Tribunal' for short), seeking to reduce the quantum of compensation awarded by the Tribunal. 3. The claimants are legal representatives of the deceased Madhusudanarao H.D., have made claim on account of death of the deceased in the train accident which - 3 - NC: 2025:KHC:9845 MFA No. 5666 of 2017 occurred on 04.12.2013 between Ramanagara and Bidadi Railway Station. The deceased Madhusudanarao H.D., accidently fell down from moving train between Ramanagara and Bidadi Railway Station at Railway K.M.No.42/000-100 and sustained fatal injuries and succumbed to the injuries. 4. The Tribunal has awarded a statutory compensation of Rs.8,00,000/- along with interest at the rate of 6% p.a. from the date of claim application till the date of award and, thereafter at the rate of 9% p.a. till the date of actual payment of compensation. 5. Learned counsel for the appellant/Union of India submitted that the deceased was not a bonafide passenger and there is no evidence that whether the deceased was travelled in the Train. Also, submitted that even if the deceased had travelled in the Train, but there is no proof that the deceased was having ticket to travel in the Train. Therefore, under these circumstances, the deceased was not a bonafide passenger. Also, submitted that the accident was taken place on 04.12.2013 and as on the date of accident as - 4 - NC: 2025:KHC:9845 MFA No. 5666 of 2017 per prevailing law, the maximum compensation ought to have been awarded of Rs.4,00,000/- only, but not Rs.8,00,000/-. Since the amendment is made to the compensation award is with effect from 01.01.2017. Therefore, on these two grounds, the appeal is preferred and argued in the line of grounds raised as above discussed. 6. On the other hand, learned counsel for the respondents/claimants submitted that all the records prove the fact that the deceased died accidently while travelling in the train by falling down from moving train between Ramanagara-Bidadi Railway Station as above stated. Therefore, the deceased was bonafide passenger and has purchased ticket for travelling and the same is produced by the brother of the deceased before the competent authorities. Hence, justified the judgment and award passed by the Tribunal. 7. Upon considering the evidence on record, it is proved that the claimants are legal heirs of the deceased and they were depending on the deceased. Ex.A-1-FIR; - 5 - NC: 2025:KHC:9845 MFA No. 5666 of 2017 Ex.A-2-SM/Ramanagaram’s message to ASI/GRP/CPT and SI GRP/SAP dated 04.12.2013; Ex.A-3-death report; Ex.A-4-computerised journey ticket bearing No.G 71345030 dated 05.12.2013 from Ramanagara to Bengaluru City; Ex.A-5-Police inquest report; Exs.A-6 and A-7 are the statements of AW-2 and AW-1 to police dated 05.12.2013 and Ex.A-15 is the death certificate of the deceased, which proves the fact that the deceased was travelled as bonafide passenger and he died due to fatal injuries sustained on account of accidental fall from moving train. All these documentary evidence along with oral evidence of the claimants proved the fact that the deceased was travelled in the train as bonafide passenger and died due to accidental fall from the moving Train. 8. On the contrary, there is no evidence from the appellant/Union of India except Ex.R-1-DRM’s investigation report. Further, the brother of the deceased has also produced train ticket to the Railway Authorities on the next day of the incident. Upon considering all these evidences - 6 - NC: 2025:KHC:9845 MFA No. 5666 of 2017 proved the fact that the death of the deceased was accidently fall from moving train as above stated therefore, the claimants are entitled compensation. Accordingly, the decision taken by the Tribunal in granting compensation is found to be justified, correct and legal. 9. So far as quantum of compensation award is concerned, the Tribunal has awarded statutory compensation of Rs.8,00,000/- along with interest as above stated. The accident is caused on 04.12.2013, therefore, as per the schedule for awarding statutory compensation for the death occurred in these types of accident, the maximum of compensation ought to have been awarded is Rs.4,00,000/- with interest maximum of Rs.8,00,000/-, but the Tribunal has committed an error in awarding statutory compensation of Rs.8,00,000/-. The schedule to the statutory compensation is amended with effect from on 01.01.2017, therefore, the accident is occurred before the amendment hence, the claimants are entitled statutory compensation of Rs.4,00,000/- with interest maximum of Rs.8,00,000/-. - 7 - NC: 2025:KHC:9845 MFA No. 5666 of 2017 Therefore, the appeal filed by the appellant/Union of India is liable to be allowed. Hence, I proceed to pass the following: ORDER i. The appeal is allowed. ii. The order dated 08.02.2017 passed in O.A.II U 60/2014 on the file of Railway Claims Tribunal, Bengaluru Bench, stands modified to the extent that the claimants/respondents entitled statutory compensation of Rs.4,00,000/- with interest thereon as prescribed by the Tribunal maximum of Rs.8,00,000/-. iii. The excess amount, if any, shall be refunded to the appellant. iv. The apportionment of compensation is in terms of the judgment and award passed by the Tribunal with proportionate reduction. v. No order as to costs. vi. Draw award accordingly. SD/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 30