Karnataka High Court
The Union Of India vs Smt. Neetu Naveensingh Rajpurohit on 11 December, 2023
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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MFA No. 9427 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
MISCELLANEOUS FIRST APPEAL NO. 9427 OF 2018 (RCT)
BETWEEN:
THE UNION OF INDIA
REP. BY ITS GENERAL MANAGER
CENTRAL RAILWAY,
MUMBAI-400001.
...APPELLANT
(BY SRI. KUSHAL GOWDA, ADVOCATE FOR
SRI. ABHINAY Y T.,ADVOCATE)
AND:
1. SMT. NEETU NAVEENSINGH RAJPUROHIT
W/O LATE NAVEENSINGH RAJPUROHIT
AGED ABOUT 45 YEARS.
Digitally signed
2. KUM DEEKSHA NAVEENSINGH RAJPURHIT
by D/O LATE NAVEENSINGH RAJPUROHIT
DHANALAKSHMI
MURTHY AGED ABOUT 23 YEARS
Location: High
Court of 3. KUM NIDHI NAVEENSINGH RAJPUROHIT
Karnataka
D/O LATE NAVEENSINGH RAJPUROHIT
AGED ABOUT 20 YEARS
4. PRINCE NAVEENSINGH RAJPUROHIT
S/O LATE NAVEENSINGH RAJPUROHIT
AGED ABOUT 18 YEARS
ALL ARE RESIDING AT NO.8,
1ST CROSS, POLICE ROAD,
RANASINGHPET, BANGALORE SOUTH,
BANGALORE 560053.
...RESPONDENTS
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MFA No. 9427 of 2018
(BY SRI.JAY KISHAN SHARMA., ADVOCATE FOR
SRI. GOPAL SINGH, ADVOCATE FOR R1 TO R4)
THIS MFA IS FILED UNDER SECTION 23(1) OF THE
RAILWAY CLAIMS TRIBUNAL, AGAINST THE JUDGMENT
DATED:31.05.2018 PASSED IN OA II U MCC 14/15 ON THE
FILE OF THE RAILWAY CLAIMS TRIBUNAL, BENGALURU BENCH,
AWARDING STATUTORY COMPENSATION OF RS.8,00,000/-
WITH INTEREST AT 6% P.A. FROM 07.01.2015 TILL THE DATE
OF ORDER AND THEREAFTER, AFTER 90 DAYS OF THIS ORDER,
INTEREST AT 9% P.A. TILL THE DATE OF ACTUAL PAYMENT.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
1. This appeal under Section 23(1) of the Railway
Claims Tribunal Act, 1987 (hereinafter referred to as 'the
Act') has been filed by the Union of India challenging the
judgment and award dated 31.05.2018 passed by the
Railway Claims Tribunal, Bengaluru (hereinafter referred
to as 'the Tribunal') in OA II U MCC 14 of 2015 whereby
the Tribunal has awarded the compensation of
Rs.8,00,000/- with interest at 9% per annum.
2. Brief facts of the case is that the deceased
Naveensingh, on 16.02.2012, was traveling from Vadodara
to Pune via Dadar by Mumbai to Hyderabad Express train
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holding Second Class journey ticket. When the train
reached near Pimpri Station at around 17.30 Hrs., the
deceased accidentally fell down from the said moving train
due to push and pull by the crown and sustained serious
injuries and succumbed to the fatal injuries on
17.02.2012. The legal representatives of the deceased
have filed the claim application under Section 16 of the
Act.
3. To prove the case, claimant No.1 examined herself as
AW-1 and marked 17 documents. On behalf of the
respondent, no witness was examined but marked one
document. On appreciation of oral and documentary
evidence, the Tribunal has allowed the application filed by
the applicants and granted a statutory compensation of
Rs.8,00,000/- along with interest at 9%. Being aggrieved
by the same, the Union of India has filed this appeal under
Section 23(1) of the Act.
4. Learned counsel appearing for the appellant has
contended that as per the notification issued under the
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Act, any person, who died before 31.12.2017 due to
untoward incident occurred in the train when he was
traveling as a bona-fide passenger, the claimants are
entitled for the maximum compensation of Rs.8,00,000/-
including interest. The Tribunal has erred in awarding
Rs.8,00,000/- along with interest at 6% per annum.
Hence, he sought for allowing the appeal.
5. This legal position has not been disputed by the
learned counsel for the respondents.
6. Heard the learned counsel for the parties. Perused
the judgment and award passed by the Tribunal.
7. It is not in dispute that on 16.02.2012, Naveensingh
was traveling from Vadodara to Pune via Dadar by Mumbai
to Hyderabad Express train holding Second Class journey
ticket. When the train reached near Pimpri Station at
around 17.30 Hrs., the deceased accidentally fell down
from the moving train, sustained serious injuries and
succumbed to the fatal injuries on 17.02.2012.
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8. As per the notification issued under the Act, any
person, who died before 31.12.2017 due to untoward
incident occurred in the train when he was traveling as a
bona-fide passenger, the claimants are entitled for the
statutory compensation of Rs.8,00,000/- including
interest. But in the case on hand, the Tribunal has
awarded a statutory compensation of Rs.8,00,000/- with
6% interest per annum. The same is contrary to the
notification issued under the Act. Therefore, the judgment
and award passed by the Tribunal is required to be
modified. Hence, I pass the following order:
ORDER
a) The appeal is allowed in part.
b) The judgment and award passed by the Tribunal is
modified.
c) The claimants are entitled for statutory compensation
of Rs.8,00,000/- and the same shall not carry any
interest.
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d) The appellant is directed to deposit Rs.8,00,000/-
before the Tribunal, within a period of six weeks from
today.
e) The amount, if any, deposited before this Court is
ordered to be transferred to the Tribunal.
Sd/-
JUDGE
HA
