- 1 - HC-KAR NC: 2025:KHC:36986 MFA No. 1358 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.1358 OF 2024 (RCT) BETWEEN: 1. MR NARAYANAPPA S/O LATE SONAPPA AGED ABOUT 66 YEARS, 2. MRS NARAYANAMMA W/O NARAYANAPPA AGED ABOUT 67 YEARS, BOTH ARE RESIDENTS OF VADAGERE MUDUVATHI POST KOLAR TALUK AND DISTRICT …APPELLANTS (BY SRI. TANVEER PASHA A.S., ADVOCATE) AND: UNION OF INDIA REPRESENTED BY ITS GENERAL MANAGER, SOUTH WESTERN RAILWAYS HUBALLI – 580 020 …RESPONDENT (BY SRI. S.B. TOTAD, ASG) THIS MFA IS FILED UNDER SECTION 23(1) OF RAILWAY CLAIMS TRIBUNAL ACT AGAINST THE ORDER DATED 10.11.2023 PASSED IN OA (II U)/SBC/0004/2023 ON THE Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36986 MFA No. 1358 of 2024 FILE OF THE RAILWAY CLAIMS TRIBUNAL, BENGALURU, DISMISSING THE CLAIM PETITION FILED UNDER SECTION 16 OF THE RAILWAY CLAIMS TRIBUNAL ACT. 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. This appeal is filed by the appellants/applicants challenging the judgment and award dated 10.11.2023 passed in O.A (II U)/SBC/0004/2023 on the file of Railway Claims Tribunal, Bengaluru Bench, Bengaluru1, thereby, the claim application filed by the appellants/applicants for claiming compensation was dismissed. 3. It is the case of the appellants/applicants that the deceased while he had been to Whitefield for cutting 1 hereinafter referred to as ‘the Tribunal’ for short - 3 - HC-KAR NC: 2025:KHC:36986 MFA No. 1358 of 2024 trees, but due to heavy downpour, it was not possible to cut the trees. Hence, in order to return home on 22.11.2021, the deceased purchased a journey ticket bearing No.UMG-688341 for travelling from Whitefield to Bangarpet Railway station and boarded express train bearing No.22618 for going towards Bangarpet. When the train reached and stopped at Bangarpet Railway Station, due to heavy rush and thrust of passengers, he accidently fell down from the train and sustained multiple injuries and succumbed to the injuries on the spot. 4. Upon the claim application filed by the appellants/applicants, the Tribunal has dismissed the claim application on the reason that the train is express train, but the deceased had purchased the general ticket. Therefore, the deceased could not have travelled in the express train with a general ticket; hence, the Tribunal doubted the travel of the deceased and labeled that the deceased is not bona fide passenger. Only on this reason the claim petition was dismissed. - 4 - HC-KAR NC: 2025:KHC:36986 MFA No. 1358 of 2024 5. The documentary evidence, FIR, complaint, Inquest Panchanama, charge sheet and other evidence along with the evidence of the applicants prove the fact that the deceased died in the Railway accident. Also, on the body of the deceased, a journey ticket was recovered. Just because the train was an express train and the deceased was having a journey ticket, that does not mean that the deceased was travelling without ticket; therefore, the deceased is found to be a bona fide passenger. Thus, the rejection of claim application is not correct; hence, the order passed dismissing the claim application is hereby set aside. 6. Another reason assigned by the Tribunal is that the deceased fell down from the train while he was de-boarding the train; therefore, it is amounting to self inflicted injury. Just because the deceased slipped from the train while de-boarding that cannot be categorized as it is self inflicted injury; the DRM’s investigation report proves the fact that the deceased while travelling in the - 5 - HC-KAR NC: 2025:KHC:36986 MFA No. 1358 of 2024 train and while alighting from the train, due to jerk and jolt, fell down from the train and died on the spot. Hence, the deceased is proved to be a bona fide passenger. Therefore, the order passed by the Tribunal is set aside and the appellants/applicants are liable to compensation for having lost their son in the Railway accident. Therefore, as per the schedule issued by the Ministry of Railways Doubles Compensation Rate Payable to Railway Victims w.e.f. 01.01.2017, the appellants/applicants are entitled to compensation of Rs.8,00,000/- with interest at the rate of 6% p.a. from the date of accident till realization. Thus, the appeal is liable to be allowed. 7. In the result, I proceed to pass the following: ORDER i. The appeal is allowed. ii. The impugned judgment dated 01.11.2023 passed in OA (II U)/SBC/0004/2023 on the file of Railway Claims Tribunal, Bengaluru Bench, Bengaluru is hereby set aside. - 6 - HC-KAR NC: 2025:KHC:36986 MFA No. 1358 of 2024 iii. The appellants/applicants are entitled to compensation of Rs.8,00,000/- with interest at the rate of 6% p.a. from the date of claim application till its realization. iv. The appellants/applicants, being parents of the deceased are entitled to compensation with equal apportionment at the ratio of 50:50. v. No order as to costs. vi. Draw award accordingly. SD/- (HANCHATE SANJEEVKUMAR) JUDGE SRA List No.: 1 Sl No.: 42