Karnataka High Court
The Union Of India vs Smt. Malamma on 11 December, 2023
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
-1-
NC: 2023:KHC:44797
MFA No. 9425 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. 9425 OF 2018 (RCT)
BETWEEN:
THE UNION OF INDIA
REPRESENTED BY ITS GENERAL MANAGER
CENTRAL RAILWAY,
MUMBAI 400001
...APPELLANT
(BY SRI. KUSHAL GOWDA, ADVOCATE FOR
SRI.ABHINAY Y T.,ADVOCATE)
AND:
1. SMT. MALAMMA
WIFE OF LATE RAJASHEKAR
Digitally signed
AGED ABOUT 28 YEARS.
by
DHANALAKSHMI
MURTHY 2. CHOUDA BAI
Location: High D/O LATE RAJASHEKAR
Court of AGED ABOUT 7 YEARS
Karnataka
3. ANITA
D/O LATE RAJASHEKAR
AGED ABOUT 6 YEARS
4. BASAVARAJ
S/O LATE RAJASHEKAR
AGED ABOUT 5 YERAS
R2 TO R4 ARE MINORS AND
HENCE REPRESENTED BY THEIR
-2-
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MFA No. 9425 of 2018
MOTHER THE 1ST RESPONDENT HEREIN
5. NABU BAI
W/O LATE CHOUDALPPA CHINCHOLI
AGED ABOUT 52 YEARS
ALL ARE RESIDING AT
BADRUP GOUDAGAON
TALUK AKKALOT, SOLAPUR DISTRICT
NOW AT VALASANG TALUK
AKKALKOT DISTRICT
SOLLAPUR DISTRICT-413228.
...RESPONDENTS
(BY SRI. HIREMATHAD M R.,ADVOCATE FOR R1 TO R5)
THIS MFA IS FILED UNDER SECTION 23 OF THE
RAILWAYS CLAIMS TRIBUNAL ACT, AGAINST THE JUDGMENT
AND ORDER DATED 4/06/2018, PASSED IN NO.OA II U
136/2016, ON THE FILE OF THE RAILWAY CLAIMS TRIBUNAL,
BENGALURU BENCH, AWARDING COMPENSATION OF
RS.8,00,000/- WITH INTEREST AT 6% P.A., FROM 26.10.2016
TILL THE DATE OF ORDER AND ALSO ENTITLED FOR INTEREST
@ 9% P.A. AFTER 90 DAYS OF THIS ORDER TILL THE DATE OF
ACTUAL PAYMENT.
THIS APPEAL, COMING ON FOR ORDERS, 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 04.06.2018 passed by the
Railway Claims Tribunal, Bengaluru (hereinafter referred
to as 'the Tribunal') in OA II U 136 of 2016 whereby the
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Tribunal has awarded the compensation of Rs.8,00,000/-
with interest at 9% per annum.
2. Though the appeal is listed for hearing on
interlocutory application, with the consent of the parties, it
was heard finally and disposed of.
3. Brief facts of the case is that on 11.08.2016 the
deceased Rajsekhar @ Shivalingappa @ Shivaningappa
Chincholi went to Akkalkot Railway Station purchased a
journey ticket for his travel from Akkalkot to Gulbarga by
Train No.57133-Bijapur-Raichur passengers. Due to heavy
rush of passengers in the train, he was forced to travel
standing near the door ways of the compartment. When
the train was nearing Ganagapur Road Railway Station,
due to thrust of passengers, he accidentally fell down from
moving train. Due to impact, the deceased sustained
grievous injuries and succumbed to the injuries on
12.08.2016. The legal representatives of the deceased
have filed the claim application under Section 16 of the
Act.
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4. To prove the case, claimant No.1 examined herself as
AW-1 and marked 22 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.
5. Learned counsel appearing for the appellant has
contended that as per the notification issued under the
Act, any person, who died before 31.12.2017 due to an
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/- plus interest. Hence, he sought for allowing
the appeal.
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6. This legal position has not been disputed by the
learned counsel for the respondents.
7. Heard the learned counsel for the parties. Perused
the judgment and award passed by the Tribunal.
8. It is not in dispute that on 11.08.2016 the deceased
Rajsekhar @ Shivalingappa @ Shivaningappa Chincholi
went to Akkalkot Railway Station purchased a journey
ticket from Akkalkot to Gulbarga by Train No.57133. Due
to heavy rush of passengers in the train, he was forced to
travel standing near the door ways of the compartment.
When the train was nearing Ganagapur Road Railway
Station, due to thrust of passengers, he accidentally fell
down from moving train. Due to impact, the deceased
sustained grievous injuries and succumbed to the injuries
on 12.08.2016.
9. 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
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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
9% 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.
d) The appellant is directed to deposit
Rs.8,00,000/- before the Tribunal, within a
period of six weeks from today.
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e) The amount, if any, deposited before this
Court is ordered to be transferred to the
Tribunal.
Sd/-
JUDGE
HA
