- 1 - NC: 2025:KHC:16023 MFA No. 4453 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 4453 OF 2017 (RCT) BETWEEN: 1. M S LATHA W/O LATE PRABHUDEVA AGED ABOUT 52 YEARS OCC: ANGANAWADI TEACHER, 2. S P POORNA SHREE D/O LATE PRABHUDEVA AGED ABOUT 15 YEARS OCC:STUDENT, 3. S P HARSHITH S/O LATE PRABHUDEVA AGED ABOUT 11 YEARS OCC:STUDENT 2ND AND 3RD APPELLANTS ARE MINORS REPRESENTED BY THEIR MOTHER AND NATURAL GUARDIAN THE APPELLANT NO.1 ALL RESIDENT OF MULLURU POST, SARAGURU HOBLI, H D KOTE TALUK, MYSORE, KARNATAKA-571121. …APPELLANTS (BY SRI. P DHANANJAYA., ADVOCATE) AND: THE UNION OF INDIA REPRESENTED BY ITS GENERAL MANAGER Digitally signed by LAKSHMINARAYAN N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16023 MFA No. 4453 of 2017 SOUTH WESTERN RAILWAY, HUBLI-580020. …RESPONDENT (BY SRI. SHANTHI BHUSHAN, DSGI.) THIS MFA IS FILED U/S 23(1) OF THE RAILWAY CLAIMS TRIBUNAL ACT, AGAINST THE JUDGMENT DATED: 13.04.2017 PASSED IN OA II U 05/2016 ON THE FILE OF THE RAILWAY CLAIMS TRIBUNAL, BANGALORE BENCH, DISMISSING THE APPLICATION FOR COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT This appeal is filed by the appellants/applicants questioning the order dated 13.04.2017 passed in OA II U 05/2016 by the Railway Claims Tribunal, Bengaluru Bench (hereinafter referred to as 'Tribunal' for short). 2. It is the case of the appellants/applicants that on 9.10.2015, the deceased after completion of his coolie work at Mysuru, came to Mysuru Railway Station and purchased the passenger train journey ticket to travel from Mysuru to Nanjangud and boarded the 2nd class general compartment of Mysuru-Chamarajanagar - 3 - NC: 2025:KHC:16023 MFA No. 4453 of 2017 passenger train and during journey, due to heavy rush in the compartment speed, jolt and sudden jerk of the running train, the deceased has fell down and died due to the injuries in the place between Ashokapuram-Kadakola Railway Stations. 3. The applicants are wife and children of the deceased have filed the claim application before the Railway Claims Tribunal, Bengaluru Bench and the same came to be dismissed for the reason that the deceased has committed suicide. The reason assigned by the Tribunal for the dismissal of the claim application is that the applicants have not proved the fact that no guard of any trains run between Mysuru to Nanjangud and back or none of the passengers noticed the falling of victim from any train. 4. It is not in dispute that the deceased had boarded the Mysuru-Chamarajanagar passenger train after procuring the journey ticket No.B-19340601 dated 09.10.2015. Ex.A1 is the copy of the journey ticket found - 4 - NC: 2025:KHC:16023 MFA No. 4453 of 2017 from the body of the deceased. Ex.A2 is the message from SS/AP to GRP/MYS dated 09.10.2015 which reports about a male person body aged 40 years found near the track at K.M.No.7/800-900 between AP-Kadkola, Exhibit.A3 is a copy of FIR registered under UDR No.109/2015, Ex.A4 is Police Inquest report, Ex.A5 is the statement given to police by AW.1 on 16.10.2015 and Ex.A6 is the post mortem report where the concerned doctor has opined the cause of death of the deceased as 'death is due to coma as a result of head injury sustained'. All these evidence proves the fact that the deceased died in the railway accident and therefore, it is proved that the deceased was a bonafide passenger. 5. On the other hand Ex.R1 i.e. the DRM's investigation report filed by the respondent proves that the deceased died due to railway accident. As per the post mortem report, the cause of death of deceased is mentioned as 'death is due to coma as a result of head injury sustained'. As such, all the above evidence proves - 5 - NC: 2025:KHC:16023 MFA No. 4453 of 2017 the fact that the deceased died in the railway accident and he is a bonafide passenger. Therefore, there is no base for the Tribunal to hold that the deceased has committed suicide. In my considered view, the finding given by the Tribunal in this regard is perverse and the same is liable to be set aside. 6. Since the appellants/applicants have proved that the deceased died in a railway accident and he is a bonafide passenger, they are entitled for compensation. 7. The Hon’ble Supreme Court in the case of Kamukayi and Others Vs. Union of India and Others1, wherein at paragraph No.23 it is held as under: “23. Accordingly and as per above discussion we allow this appeal and set aside the impugned judgment dated 26.03.2021 passed by the High Court and also the Claims Tribunal dated 29.06.2017. Consequently, claim application is allowed. The appellants are held entitled for compensation to the tune of Rs.4,00,000/- along with interest @ 7% p.a. from the date of filing the claim application till its realisation. It is 1 (2023) 6 SCR 329 - 6 - NC: 2025:KHC:16023 MFA No. 4453 of 2017 made clear that after applying the rate of interest, if the final figure is less than Rs.8,00,000/-, then appellants shall be entitled to Rs.8,00,000/-. The amount of compensation be satisfied by the respondents within a period of eight weeks. No order as to costs.” 8. Further, the Hon’ble Supreme Court held that in case the accident was occurred in the year 2003 the compensation to be awarded is Rs.4,00,000/- along with interest from the date of petition till the date of realization. It is also made clear that after applying the rate of interest, if the final figure is less than Rs.8,00,000/-, then the claimant is entitled to a compensation of Rs.8,00,000/- along with interest at the rate of 8% p.a. 9. In the case on hand, the accident was occurred on 09.10.2015. As per the schedule for awarding statutory compensation for the death occurred in these types of accidents, the maximum compensation ought to be awarded is Rs.4,00,000/- with interest at the rate of 8% p.a., maximum of Rs.8,00,000/- in lumpsum. - 7 - NC: 2025:KHC:16023 MFA No. 4453 of 2017 9. Hence, I proceed to pass the following: ORDER i. Miscellaneous First appeal allowed. ii. The judgment and award dated 13.04.2017 passed in OA II U 05/2016 by the Railway Claims Tribunal, Bangalore Bench, is set aside. iii. The appellants being the wife and children of deceased are entitled to compensation of Rs.4,00,000/- (Rupees Four lakhs only) along with interest at 8% p.a. from the date of petition till the date of realization. iv. It is also made clear that after applying the rate of interest, if the final figure is less than Rs.8,00,000/-, then the appellant is entitled to a compensation of Rs.8,00,000/-. Therefore, in the present case also, compensation of Rs.4,00,000/- with interest at the rate of 8% p.a., from the date of petition till the date of realization is awarded to the appellant and if this figure comes less than - 8 - NC: 2025:KHC:16023 MFA No. 4453 of 2017 Rs.8,00,000/-, then the appellant is entitled to a maximum compensation of Rs.8,00,000/-. v. No order as to costs. vi. Draw decree accordingly vii. Registry is directed to transmit the TCR along with copy of this order to the Railway Claims Tribunal forthwith. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SSD List No.: 1 Sl No.: 30