SRI. SRIKANT vs THE UNION OF INDIA, REPRESENTED BY

- 1 -
HC-KAR
NC: 2026:KHC:57758
MFA No. 2958 of 2017


CNR: KAHC010263642017





IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 9 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR

MISCELLANEOUS FIRST APPEAL NO. 2958 OF 2017 (RCT)

BETWEEN:

SRI SRIKANT
S/O RAJASEKHARAPPA MADIVALAR
AGED ABOUT 22 YEARS
OCC: STUDENT
RESIDENTS OF GADADARA CHALA
KATARAKI ROAD, WARD NO.3
KOPPALA - 583 231.
…APPELLANT
(BY SRI AMARTHYASEN M.H., ADVOCATE FOR
SRI M.R. HIREMATHAD, ADVOCATE)
AND:

THE UNION OF INDIA, REPRESENTED BY
THE GENERAL MANAGER
SOUTH WESTERN RAILWAY
HUBLI - 580 020
…RESPONDENT
(BY SMT. SHARADA B.N., CGC)

THIS MFA IS FILED UNDER SECTION 23(1) OF RAILWAY












Digitally
signed by
VINUTHA M
Location:
HIGH COURT
OF
KARNATAKA

CLAIMS TRIBUNAL ACT, 1987, AGAINST THE ORDER DATED
24.11.2016 PASSED IN O.A. II U 081/2014 BY THE RAILWAY
CLAIMS TRIBUNAL, BENGALURU.

THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:

- 2 -
HC-KAR
NC: 2026:KHC:57758
MFA No. 2958 of 2017


CNR: KAHC010263642017



CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
ORAL JUDGMENT
This appeal is preferred by the appellant, who was
the applicant before the tribunal, challenging the judgment
and award dated 24.11.2016 passed in OA II U 081/2014
by the Railway Claims Tribunal, Bengaluru Bench (for
short, ‘tribunal’).

2. It is the case of the appellant that, on 23.11.2013,
he was travelling as a bona fide passenger holding a valid
train journey ticket on the Bellary–Miraj Link Passenger
from Hospet to Koppal. As the train was overcrowded, he
was forced to travel while standing near the door of the
compartment. Enroute, while the train was passing
through Munirabad Railway Station, the appellant
accidentally fell down from the train and sustained injuries
to his left leg as well as his head. He was shifted to the
Government Hospital, Munirabad and thereafter to the
District Hospital, Koppal and subsequently to the Puttur

- 3 -
HC-KAR
NC: 2026:KHC:57758
MFA No. 2958 of 2017


CNR: KAHC010263642017



Hospital, where his right leg was amputated below knee,
leaving a stump exceeding 5 inches. Despite undergoing
treatment and further medical care, he continues to suffer
from disability. In view of the injuries suffered during the
railway journey, which amounted to an untoward incident,
the appellant filed a claim petition before the Railway
Claims Tribunal seeking compensation.

3. The tribunal awarded a total compensation of
`
2,40,000/-. It is the grievance of the learned counsel for
appellant that the tribunal has not considered awarding
compensation for the non-scheduled injuries sustained by
the appellant. He has restricted his appeal to the
compensation not awarded towards the non-scheduled
injuries, contending that the tribunal has committed an
error in not awarding suitable compensation for the same.

3.1 It is the contention of the learned counsel for
appellant that the tribunal has not properly appreciated
the material evidence and the documents placed on

- 4 -
HC-KAR
NC: 2026:KHC:57758
MFA No. 2958 of 2017


CNR: KAHC010263642017



record. Hence, learned counsel seeks to allow the appeal
and consequently enhance the compensation towards the
non-scheduled injuries.

4. Per contra , Smt. Sharada B.N., learned counsel for
respondent–Union of India, vehemently contends that
there is no illegality or perversity in the order passed by
the Railway Claims Tribunal. It is further contended that
the tribunal has considered the materials placed on record,
the evidence adduced by the parties and the documents
exhibited. Accordingly, the tribunal, having taken note of
the amputation of the appellant’s right lower leg below the
knee, with a 5-inches stump and the other injuries
sustained by the appellant, has awarded total
` `
compensation of 2,40,000/- including 40,000/- towards
non-schedule injuries.

4.1 It is further contended that the compensation
awarded is based on the Schedule of Injuries under the
Railway Accidents and Untoward Incidents (Compensation)

- 5 -
HC-KAR
NC: 2026:KHC:57758
MFA No. 2958 of 2017


CNR: KAHC010263642017



Rules, 1990 and does not call for interference, as no
grounds are made out by the appellant. It is further
contended that the appellant has not produced any
medical bills or other documents to establish the
expenditure incurred for his treatment. In fact, the
appellant has himself stated that he underwent treatment
at a Government Hospital. Therefore, no expenditure has
been established beyond what is reflected in the
documents produced by the appellant. Under these
circumstances, learned counsel contends that there is no
illegality or perversity in the impugned order warranting
interference by this Court.

5. Having heard learned counsel for appellant and
learned counsel for respondent, the points that arises for
consideration are as follows:
"1. Whether the impugned order passed by the
tribunal calls for interference?
2. Whether the appellant is entitled to
enhancement of compensation towards non-
scheduled injuries?

- 6 -
HC-KAR
NC: 2026:KHC:57758
MFA No. 2958 of 2017


CNR: KAHC010263642017



6. The facts and circumstances narrated by the
appellant with regard to his journey by train from Hospet
to Koppal on 23.11.2013, holding a valid journey ticket
and the injuries sustained by him during the journey are
not in dispute. The only question for consideration is
whether the appellant has made out any valid grounds for
the award of additional compensation towards
non-scheduled injuries, as claimed by him.

7. However, the tribunal has considered the entire
material placed on record by the appellant with regard to
the scheduled injuries, which are not in dispute.
`
Accordingly, a sum of 2,00,000/- has been awarded
towards the amputation of the right lower leg below the
knee, leaving a stump of 5 inches. As regards the non-
scheduled injuries, which are now canvassed by the
learned counsel for appellant, admittedly, the appellant
has not produced any records to show that he has incurred
medical expenses. No bills have been produced to

- 7 -
HC-KAR
NC: 2026:KHC:57758
MFA No. 2958 of 2017


CNR: KAHC010263642017



establish the amount of expenditure incurred or for that
matter compensation that could be awarded in favour of
the appellant. Despite the same, the tribunal has awarded
`
a sum of 40,000/- towards the expenses relating to the
non-scheduled injuries, in the interest of justice.

8. Under the circumstances, I do not find any good
ground or cogent reason to interfere with the judgment
rendered by the tribunal. Further, no cogent reasons are
made out by the appellant calling for interference by this
Court. Accordingly, the points are answered.

9. In view of the discussions made hereinabove, I
pass the following:
ORDER
dismissed
The appeal is .

Sd/-
(PRADEEP SINGH YERUR)
JUDGE
CPN\List No.: 1 Sl No.: 25