- 1 - NC: 2025:KHC:13665 MFA No. 6819 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.6819 OF 2017 (RCT) BETWEEN: THE UNION OF INDIA, THROUGH THE GENERAL MANAGER, SOUTH WESTERN RAILWAY, HUBBALLI - 560 020. …APPELLANT (BY SRI. NAGENDRA A, CGC) AND: KISAN MEHARWADE, S/O NINGUSA, RESIDING AT NO.262, DOWLATHPUR MAIN ROAD, WARD NO.1, NEAR NEW BUS STAND, SANDUR - 583 119, DISTRICT - BELLARY. …RESPONDENT (BY SRI. S.B. KRISHNA, ADVOCATE) THIS MFA IS FILED U/S 23(1) OF THE RAILWAY CLAIMS TRIBUNAL ACT, AGAINST THE ORDER DATED 08.02.2017 PASSED IN OA II A 9/2013 ON THE FILE OF THE RAILWAY CLAIMS TRIBUNAL, BANGALORE BENCH, AWARDING COMPENSATION OF Rs.1,60,000/- WITH INTEREST @ 6% P.A. FROM THE DATE OF CLAIM APPLICATION TO 20.11.14 AND THEREAFTER @ 9% P.A. TILL THE DATE OF PAYMENT. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13665 MFA No. 6819 of 2017 CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Though the appeal is listed for admission, but with consent of both the learned counsel appearing for the parties, the matter is taken up for final disposal. 2. The appellant/Union of India is before this Court assailing the judgment and award dated 08.02.2017 passed on OA II A 9/2013 on the file of the Railway Claims Tribunal, Bangalore Bench, wherein compensation is granted to the respondent/claimant on account of the injuries sustained by the respondent in the railway accident that occurred on 21.05.2012 near Penukonda Railway Station when the train No.16591 colluded with goods train. 3. The Tribunal on appreciating the evidence on record i.e., Ex.A5 dated 22.05.2012 received by the Deputy Station Manager, Commercial, South Western Railway, Bangalore City, with a request to pay - 3 - NC: 2025:KHC:13665 MFA No. 6819 of 2017 compensation, since the respondent sustained injury in the accident. The Deputy Station Manager, Commercial, Bangalore City, is examined as CW1 before the Tribunal who affirmed that he has received Ex.A5 and the claimant has produced original ticket and wound certificate issued by Doddaballapura Government Hospital. Therefore, the Tribunal, upon considering the same, since it is proved that the claimant has suffered injuries in the railway accident, granted compensation. 4. The Tribunal has found that the claimant suffered injuries such as contusion of left shoulder joint, complaint of pain in the neck, complaint of pain of left and shoulder joint comes under non-scheduled injury and accordingly for the agony, pain and suffering and hospital expenses incurred by the claimant and therefore, as per amendment made to the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990 made by Government of India, Ministry of Railways, Railway Board vide a gazette notification No.G.S.R.1165(E) dated - 4 - NC: 2025:KHC:13665 MFA No. 6819 of 2017 22.12.2016. Accordingly, a compensation of Rs.1,60,000/- is awarded along with interest @ 6% p.a. from the date of claim application to 20.11.2014 and thereafter @ 9% p.a. till the date of actual payment of the same. 5. Upon considering the judgment and award passed by the Railway Tribunal, no perversity is found as it is proved that the claimant suffered injuries in the railway accident and according to the schedule mentioned as above stated in the statute, therefore the compensation is awarded. Hence, there is no need to make interference in the judgment and award passed by the Tribunal. Hence, the appeal is liable to be dismissed. 6. Accordingly, the appeal is dismissed. SD/- (HANCHATE SANJEEVKUMAR) JUDGE NG, SRA List No.: 1 Sl No.: 39 CT: BHK