The High Court
Case Details
- 1 - NC: 2025:KHC:14437 MFA No. 10198 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.10198 OF 2018 (RCT) BETWEEN: 1. SMT. PALLEKURVA VENKATAMMA @ P. VENKATAMMA W/O. LATE PALLEKURVA RAMACHANDRAIAH @ P. RAMACHANDRAIAH, AGED ABOUT 56 YE4ARS, 2. SRI. PALLEKURVA NARASIMULU @ P.NARASIMULU, S/O. LATE PALLEKURVA RAMACHANDRAIAH @ P.RAMACHANDRAIAH, AGED ABOUT 29 YEARS, 3. SRI PALLEKURVA SHEKAR @ P.SHEKAR, S/O. LATE PALLEKURVA RAMACHANDRAIAH @ P. RAMACHANDRAIAH, AGED ABOUT 24 YEARS, APPELLANTS 1 TO 3 RESIDING AT HOUSE NO.5-135, KANKAL (M), PUDUR, K.V.RANGAREDDY, ANDHRA PRADESH, PIN-501501.
Legal Reasoning
4. SMT.KARRE ANANTHA D/O.LATE PALLEKURVA RAMACHANDRAIAH @ P.RAMACHANDRAIAH, AGED ABOUT 37 YERS, RESIDING AT NO.3-44/1, KANKAL, K.V.RANGAREDDY, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14437 MFA No. 10198 of 2018 ANDHRA PRADESH, PIN – 501 501. 5. SMT. THONDAPALLY AMRUTHA @ THONDAPALLY AMARAT, D/O. LATE PALLEKURVA RAMACHANDRAIAH @ RAMACHANDRAIAH, AGED ABOUT 36 YEARS, RESIDING AT NO.1-47, QUTHBULLAPUR, MEDPALLI, PUDUR, K.V.RANGAREDDY, ANDHRA PRADESH, PIN – 501 501. (BY SRI. KRISHNA S B, ADVOCATE) AND: UNION OF INDIA REP. BY ITS GENERAL MANAGER, SOUTH CENTRAL RAILWAY, SECUNDERABAD-500017. (BY SRI. ABHINAY Y.J, ADVOCATE) APPELLANTS …RESPONDENT This MFA FILED U/S 23(1) OF RAILWAY CLAIMS TRIBUNALS ACT, 1987, AGAINST THE ORDER 24.07.2018 PASSED IN O. A. NO.II U 109/2015, ON THE FILE OF THE RAILWAY CLAIMS TRIBUNAL, BENGALURU, DISMISSING THE CLAIM PETITION FOR COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR - 3 - NC: 2025:KHC:14437 MFA No. 10198 of 2018 ORAL JUDGMENT The applicants being wife and children of the deceased, who died in a railway accident and upon application being filed by the applicants, same came to be dismissed and therefore, the applicants are before this Court questioning the order dated 24.07.2018 passed by the Railway Claims Tribunal in Application No.OA II U 109 of 2015. 2. It is the case of applicants that on 28.06.2014 the deceased went to Pandarapura and after having darshan at Pandarapura Temple, the deceased intending to return to his village went to Solapur Railway Station purchased journey ticket bearing No.W-16976685 on 03.07.2014 by paying Rs.55/- for his travel from Solapur to Vikarabad Junction and the deceased was forced to stand near the door of the compartment during the course of journey. Due to heavy rush in the train and due to sudden jerk and jolt of the train and thrust of the other passengers, the deceased lost balance and accidentally fell - 4 - NC: 2025:KHC:14437 MFA No. 10198 of 2018 down from the moving train between Wadi and Sulahalli Railway Station and sustained fatal injuries and died on the spot. 3. Heard the learned Advocates appearing for both parties and perused the records. 4. The Railway Claims Tribunal dismissed the application on the reason that the deceased was not a bonafide passenger and the journey ticket produced is a certified computerized copy of the ticket, which is not a genuine one. Therefore, on this reason dismissed the application. 5. Exs.A1 to A9 documents, which are FIR, Incase Panchanama, Postmortem report, a copy of computer journal ticket, have proved the fact that the deceased was travelling in the train from Wadi to Vikarabad and died in the accident. The Divisional Railway Manager's investigation report proved the fact that the deceased fell down from the train and sustained fatal injuries and died - 5 - NC: 2025:KHC:14437 MFA No. 10198 of 2018 in the accident. It cannot be expected from the applicants to examine the eye witness. The liability of the Railways is a strict liability as per section 124A of the Railways Act, 1989. The applicants have produced a copy of computerized journey ticket. In the absence of any other contrary evidence that document cannot be rejected. So far as awarding compensation under the Railways Act, 1989, is concerned same is a beneficial and a social legislation. It is the duty cast on the Railway Authorities to prove under what other circumstances other than untoward incident the deceased died in the accident. Therefore, the appreciation of evidence made by the Tribunal is perverse and illegal. Therefore, the judgment and award passed by the Tribunal is liable to be set aside and the appeal is liable to be allowed. 6. The deceased has died in a railway accident, hence applicants are entitled to compensation of Rs.4,00,000/- with interest @ 8% p.a. from the date of application till date of realization. - 6 - NC: 2025:KHC:14437 MFA No. 10198 of 2018 7. The Hon’ble Supreme Court in the case of KAMUKAYI AND OTHERS VS. UNION OF INDIA AND OTHERS1, wherein at paragraph No.23 it is held as under: the impugned
Decision
“23. Accordingly and as per above discussion we allow this appeal and set aside judgment dated 26.03.2021 passed by the High Court and also the Claims Tribunal dated 29.06.2017. Consequently, claim application is allowed. for The appellants are held entitled compensation to the tune of Rs.4,00,000/- along with interest @ 7% p.a. from the date of its the claim application 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.” filing till 8. The Hon’ble Supreme Court held that in case the accident was occurred in the year 2003 and awarded compensation of Rs.4,00,000/- along with interest from the date of petition till the date of realization and also it is made clear that after applying the rate of interest, if the final figure is less than Rs.8,00,000/-, then the claimant is 1 (2023) 6 SCR 329 - 7 - NC: 2025:KHC:14437 MFA No. 10198 of 2018 entitled to Rs.8,00,000/-. Therefore, in the present case also, compensation of Rs.4,00,000/- with interest at the rate of 8% p.a., from the date of petition till the date of realization is awarded to the claimants and if this figure comes less than Rs.8,00,000/-, then the appellants/claimants are entitled to a maximum compensation of Rs.8,00,000/-. Hence, I proceed to pass the following: ORDER (i) The appeal is allowed. (ii) The impugned order dated 24.07.2018 passed by the Railway Claims Tribunal in Application No.OA II U 109 of 2015 is hereby set aside. (iii) The applicants being wife and children are entitled to compensation of Rs.4,00,000/- with interest @ 8% p.a. from the date of application till date of realization. (iv) It is also made clear that after applying the rate of interest, if the final figure is less than Rs.8,00,000/-, then the claimant is entitled to Rs.8,00,000/-. Therefore, in the present case also, compensation of Rs.4,00,000/- - 8 - NC: 2025:KHC:14437 MFA No. 10198 of 2018 with interest at the rate of 8% p.a., from the date of petition till the date of realization is awarded to the claimants and if this figure comes less than Rs.8,00,000/-, then the appellants/claimants are entitled to a maximum compensation of Rs.8,00,000/-. (v) No order as to costs. (vi) Draw decree accordingly. (vii) Registry is directed to transmit the TCR along with copy of this order to the Railway Claims Tribunal forthwith. SD/- (HANCHATE SANJEEVKUMAR) JUDGE DR List No.: 1 Sl No.: 31