- 1 - NC: 2025:KHC:16218 MFA No. 5625 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 5625 OF 2022 (RCT) BETWEEN: MR. SHIVALINGAPPA @ SHIVALINGAIAH SON OF LATE MUDAPPA, AGE 75 YEARS SINCE NOW DEAD REPRESENT BY HIS LR MRS SHANTAMMA W/O LATE SHIVALINGAIAH @ SHIVALINGAIAH AGE 60 YEARS, RESIDENT OF NO.426 PARAPANA AGRAHARA ROAD, RIGHT SIDE, 1ST MAIN ROAD TO 4TH MAIN ROAD, CHANNAKESHAVANAGAR, BANGALORE – 560 100. …APPELLANTS (BY SRI. TANVEER PASHA A S, ADVOCATE) AND: UNION OF INDIA REPRESENTED BY ITS GENERAL MANAGER SOUTH WESTERN RAILWAYS, HUBALLI-580020. …RESPONDENT (BY SRI. AJAY PRABHU M, CGC) THIS MFA IS FILED U/S 23(1) OF RAILWAY CLAIMS TRIBUNAL ACT AGAINST THE ORDER DATED 05.03.2020 PASSED IN O.A. II U 78/2017 ON THE FILE OF THE RAILWAY Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16218 MFA No. 5625 of 2022 CLAIMS TRIBUNAL, BENGALURU, DISMISSING THE APPLICATION FILED UNDER RULE 44 OF THE RAILWAY CLAIMS TRIBUNAL RULES (PROCEDURE) RULE 1987 AND ETC., 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 appeal is listed for admission, with consent of both the learned counsel appearing for the parties, the matter is taken up for final disposal. 2. The applicants, who are the parents of the deceased have filed claim application before the Railway Claims Tribunal, Bengaluru Bench (hereinafter referred to as ‘the Tribunal’ for short), seeking compensation on account of the death of their son (the deceased) in the Railway accident. However, the claim application was dismissed for non-prosecution. Subsequently, the applicants/claimants have filed an application under Rule XLIV of the Railway Claims Tribunal Rules (Procedure) Rules, 1987, for restoration of the claim application, which - 3 - NC: 2025:KHC:16218 MFA No. 5625 of 2022 was also dismissed, thereby rendering the applicants completely deprived of their claim. 3. There may be some lapses on part of the applicants in leading evidence or there may be some delay in giving the evidence before the Tribunal, but that is to be considered in a practical way. The applicants are old aged persons, who are father and mother of the deceased. Though, Rule 18(1) of the Railway Claims Tribunal (Procedure) Rules, 1989 provides that the application may be dismissed for default, when an application is filed praying for restoration of the claim application, it ought to have been considered in a magnanimous and practical way by taking judicial notice of the fact of why there was delay in leading evidence. There may be various factors for not leading evidence within the time, such as poverty, old age, lack of livelihood, lack of support from family members/persons and illiteracy etc. Therefore, a rigid and stringent application of mind while considering these types of cases is not correct. The statute in this regard is a - 4 - NC: 2025:KHC:16218 MFA No. 5625 of 2022 social welfare legislation therefore, the provisions of law in this regard are to be construed and interpreted in a liberal way so as to achieve the goal of welfare state. 4. In this impugned order such a magnanimous approach is not found resulting in the deprivation of the legitimate rights of the applicants to get compensation. Therefore, for the reasons above stated, the order passed by the Tribunal is liable to be set aside. Thus, the appeal is liable to be allowed. 5. In the result, I proceed to pass the following: ORDER i. The appeal is allowed. ii. The impugned order dated 05.03.2020 passed in OA II U 078 of 2017 by the Railway Claims Tribunal, Bengaluru Bench, is hereby set aside. iii. The application for compensation is restored on its board. - 5 - NC: 2025:KHC:16218 MFA No. 5625 of 2022 iv. The matter is remanded to the Tribunal to reconsider the application afresh in accordance with law. v. The applicants shall lead evidence within a reasonable time. vi. The Tribunal is directed to dispose of the case on merits in accordance with law within a period of 6 months from the date of receipt of copy of this order. vii. The parties shall cooperate with the Tribunal for early disposal of the case as expeditiously as possible without taking unnecessary adjournments. viii. No order as to costs. SD/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 29