- 1 - NC: 2025:KHC:16715 MFA No. 8275 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 8275 OF 2017 (RCT) BETWEEN: THE UNION OF INDIA THROUGH THE GENERAL MANAGER, SOUTH WESTERN RAILWAY, HUBBALLI - 560 020. ...APPELLANT (BY SRI. ANGADI S V., ADVOCATE) AND: 1. SRI. ANIL KUMAR K G S/O SRI. GANGA RAJU AGED ABOUT 31 YEARS, OCCUPATION - CARPENTER, 2. KUMARI. NISARGA A D/O SRI. ANIL KUMAR K G AGED ABOUT 4 YEARS, BOTH ARE RESIDING AT NO.1, 5TH CROSS, K G VIDYA MANDIR, BALAJINAGAR, BENGALURU NORTH, BENGALURU PEENYA SMALL INDUSTRIES, KARNATAKA - 560 058. ...RESPONDENTS (BY SRI. DHANANJAYA P., ADVOCATE FOR R1 AND R2) THIS MFA IS FILED U/S 23(1) OF THE RAILWAY CLAIMS TRIBUNAL ACT, AGAINST THE ORDER DATED.19.06.2017 PASSED IN OA II A 079/2016 ON THE FILE OF THE RAILWAY CLAIMS TRIBUNAL, BANGALORE BENCH, AWARDING COMPENSATION OF Rs.8,00,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF AWARD AND THEREAFTER @ 9% P.A. TILL THE DATE OF PAYMENT. Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16715 MFA No. 8275 of 2017 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 posted for Admission and the same is taken up for final disposal. 2. The appellant-Union of India has preferred this appeal questioning the judgment and award dated 19.06.2017 passed in O.A. II U 079/2016 by the Railway Claims Tribunal (Bangalore Bench), Bangalore (hereinafter referred to as 'Tribunal'), whereby the Tribunal has allowed the claim application of the claimants and granted compensation on account of the death of deceased Sowmya G, in railway accident that occurred on 22.02.2016. 3. The grounds urged in the appeal is that there is no evidence produced before the Tribunal to prove that the deceased was a bona-fide passenger and she was travelling without ticket. Therefore, the appellant questioned the impugned judgment passed by the Tribunal. - 3 - NC: 2025:KHC:16715 MFA No. 8275 of 2017 4. The deceased Sowmya died in the railway accident on 22.02.2016. It is the case of the claimants that the deceased had purchased the second class journey ticket bearing No.37743448 to travel from Kengeri to Pandavapura and boarded train No.16558 Bangalore-Mysore Rajarani express. When the train was approaching Pandavapura railway station, the deceased came near the door of the compartment under the impression that the train would halt at Pandavapura Railway Station. Due to jolt and jerk of the train, the deceased suddenly fell down and sustained fatal injuries and died on the spot. 5. The documents at Exs. A1 to A16 were marked by the claimants. Ex.R.1-DRM report was marked by the respondent railways. FIR, panchanama report, post mortem report, inquest panchanama, statement of witnesses and the DRM report prove that deceased died in the railway accident. The inquest panch `anama confirms recovering the journey ticket from the body of the deceased from Kengeri to Pandavapura. Therefore, it is proved that the deceased had - 4 - NC: 2025:KHC:16715 MFA No. 8275 of 2017 travelled after purchasing the journey ticket and therefore, she was proved to be a bona-fide passenger. 6. Regarding quantum of compensation, the Hon'ble Supreme Court in the case of Kamukayi and Others Vs. Union of India and Others1, at paragraph No.23, has 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 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.” 7. In the aforesaid case, the Hon'ble Supreme Court has held that the claimant is entitled for compensation of Rs.8 lakhs 1 (2023) 6 SCR 329 - 5 - NC: 2025:KHC:16715 MFA No. 8275 of 2017 in maximum and the same is followed by the Tribunal in the present case and accordingly, awarded the compensation. 8. After considering the evidence on record, the Tribunal has correctly come to the conclusion that the deceased had purchased the Journey ticket and travelled in the train and died in the railway accident. There is no perversity or illegality in the impugned judgment passed by the tribunal. Therefore, there is no ground available on record to interfere with the judgment of the Tribunal. 9. Therefore, the appeal is liable to be dismissed and accordingly, it is dismissed. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE CS List No.: 1 Sl No.: 20 CT:SK