- 1 - HC-KAR NC: 2025:KHC:33862 MFA No. 2083 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 2083 OF 2019 (RCT) BETWEEN: 1. MRS SHANTI @ GRACE W/O LATE MOSESS MADAN AGED ABOUT 26 YEARS, HOUSE WIFE CASTE BY CHRISTAIN 2. MASTER JOSEPH S/O LATE MOSESS MADAN AGED ABOUT 4 YEARS, APPLICANT NO.2, IS THE MINOR, HENCE REPRESENTS BY HIS NATURAL MOTHER APPLICANT NO.1 AS NEXT FRIEND 3. MR. M MANI S/O MUNISWAMY AGED ABOUT 56 YEARS, 4. SMT BANU W/O M MANI AGED ABOUT 54 YEARS, CHRISTIAN, HOUSE WIFE ALL ARE R/O NO.8, MUDDAPPA GARDEN, COX TOWN, JEEVANAHALLI, BANGALORE-560 005 KARNATAKA-STATE …APPELLANTS (BY SRI. TANVEER PASHA A. S., ADVOCATE) Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33862 MFA No. 2083 of 2019 AND: UNION OF INDIA REPRESENTED BY ITS GENERAL MANAGER SOUTH WESTERN RAILWAYS HUBBALLI-580 020. …RESPONDENT THIS MFA IS FILED U/S 23(1) OF RAILWAY CLAIMS TRIBUNAL ACT, AGAINST THE ORDER DATED.18.01.2018, PASSED IN RESTORATION APPLICATION NO.9/2018 IN OA NO.II U 119/2014, ON THE FILE OF THE RAILWAY CLAIMS TRIBUNAL (BENGALURU BENCH), DISMISSING THE APPLICATION FILED U/SEC.44 OF THE RAILWAY CLAIMS TRIBUNAL RULES AND (PROCEDURE), 1987. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT The claimants are before this Court questioning the rejection of restoration of claim application praying to restore the claim application on the ground that there is delay of 405 days in filing the same. 2. The claimants are wife, son and parents of the deceased. The deceased died in the railway accident as set out by facts narrated in the claim application. Therefore, the claimants have filed claim petition claiming compensation due to death of deceased. - 3 - HC-KAR NC: 2025:KHC:33862 MFA No. 2083 of 2019 3. The claim petition came to be dismissed for non- prosecution on 11.07.2017. Thereafter, the claimants have filed the application for restoration of said claim petition. But there is a delay of 405 days in filing the restoration application. The Tribunal has rejected the application for restoring application on the ground that the claimants are residents of Jeevanahalli which is 4-5 kms away from the Tribunal and therefore, it is a disbelieve evidence of the claimants that they have face hardship to meet their advocate and get instructions. As such, the application is dismissed as it is barred by limitation and resultantly, the claim petition which is filed seeking compensation is also dismissed. 4. The claimants are the wife son and parents of the deceased. The deceased died due to railway accident that has occurred on 23.05.2014 and he is stated to be a breadwinner of the family. On account of his death, it caused trauma, hardship and mental agony to his dependants and quite naturally, the delay might have been occurred. Claiming compensation due to death arising out of railway accident is a beneficial legislature. The technicality of law shall not make a - 4 - HC-KAR NC: 2025:KHC:33862 MFA No. 2083 of 2019 hindrance to give justice on substantial cause. But keeping apart the aspect of distance, the Tribunal ought to have considered the trauma, hardship and mental agony suffered by the dependants of deceased who died in a railway accident and stated to be breadwinner of the family. Hence, these type of cases should be viewed sympathetically and in a magnanimous way. The wife who is applicant No.1 has lost her husband at young age and applicant No.2 is a minor child had lost his father and applicant Nos.3 and 4 are old aged parents who lost their son. When this being the scenario, the delay occurred might have been considered in a magnanimous way. 5. Hence, I proceed to pass the following: ORDER i. Appeal is allowed. ii. The order dated 18.01.2018 passed in restoration application No.9/2018 in OA II U 119 of 2014 by the Railway Claims Tribunal, Bangalore Bench, Bangalore is set aside and consequently, the application filed for restoration is allowed. iii. The claim petition in OA II U 119 of 2014 is restored on its Board. - 5 - HC-KAR NC: 2025:KHC:33862 MFA No. 2083 of 2019 iv. The matter is remanded back to the Tribunal to consider the claim petition on its merits and dispose of the same in accordance with law. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE SSD List No.: 1 Sl No.: 46