This appeal challenges the Railway Claims Tribunal's award of Rs. 1,60,000 compensation to a passenger injured when a train moved suddenly, amputating her foot. The appellant argued for higher damages based on her 100% disability, but the High Court dismissed the appeal for lack of legal basis.
Appeal dismissed. The award of Rs. 1,60,000 stands confirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
MFA No. 833 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2022 BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI
MISCELLANEOUS FIRST APPEAL NO. 833 OF 2019 (RCT)
BETWEEN:
SABIRA BANU JAVEED, W/O A.JAVEED RAVOOF, AGED ABOUT 59 YEARS, R/AT HOUSE NO.48, RAMASWAMY ROAD, G.R.APARTMENT D2, 3RD FLOOR, K.K.NAGARA, CHENNAI-78.
…APPELLANT
[BY SRI. N.RAMAKRISHNA, ADVOCATE FOR SRI. M.R. HIREMATHAD., ADVOCATE (PH)]
AND:
UNION OF INDIA, REP. BY THE GENERAL MANAGER, SOUTH WESTERN RAILWAY, HUBLI-591 118.
Digitally signed by GURURAJ D Location: High Court Of Karnataka
…RESPONDENT
[BY SRI. KUMAR M N., ADVOCATE (PH)]
THIS MFA FILED U/S 23(1) OF RAILWAY CLAIMS TRIBUNAL ACT AGAINST THE ORDER DATED 19.06.2017 PASSED IN OA NO.II U 99/2015 ON THE FILE OF THE RAILWAY TRIBUNAL, BENGALURU, ALLOWING THE CLAIM PETITION FOR COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:
MFA No. 833 of 2019
JUDGMENT
Challenging order dated 19.06.2017 passed by Railway Claims Tribunal, (Bangalore Bench) (referred to as ‘Tribunal’ for short) in OA II U 99/2015, this appeal is filed.
MFA No. 833 of 2019
jolt and jerk. Due to which she lost balance and accidentally fell
down from train. Her leg got caught between train and platform, resulting in grievous injuries fractures, dislocation and amputation of right foot and ankle joint. Therefore, application was filed for compensation.
1. Whether the injured was a bonafide passenger?
2. Whether the injured sustained injuries in an untoward incident?
3. Whether the Injured is entitled for compensation and interest as prayed for in the application?
MFA No. 833 of 2019
MFA No. 833 of 2019
stipulated, since applicant had sustained injury to one foot. Learned counsel sought for award of half of same at Rs.1,80,000/-.
“Whether applicant is entitled for enhancement of compensation?"
MFA No. 833 of 2019
are no good or sufficient reasons to interfere in this appeal.
Point for consideration is answered in negative.
Accordingly, I pass following:
ORDER
Appeal is dismissed.
Sd/JUDGE
Psg*
2 issues framed by the court
Whether the appellant is entitled to enhancement of compensation awarded by the Tribunal?
Whether the Tribunal erred in classifying the injury as a non-schedule injury instead of an amputation?
3 provisions across 2 enactments
Sabira Banu Javeed
Union of India
Ravi V Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
