Karnataka high court says justice above technicalities, awards Rs 8 lakh to family of boy killed in rail accident
SN Nanda Kumar's parents, SK Devanna and Bettamma, residents of Athnoor village in Manvi taluk, Raichur, had approached the tribunal seeking compensation after their son fatally fell off a moving train.
On the night of March 31, 2012, Nanda Kumar, accompanied by his cousin Amaresh, had boarded the Bagalkot-Yesvantpur Express at Raichur after purchasing a combined journey ticket. The two were travelling to Yesvantpur in a general compartment.
According to the family's claim, the accident occurred shortly after the train passed the Dharmavaram station. While using the washbasin near the toilets, the child reportedly slipped due to the train's jerks and speed, falling between Dharmavaram and Nagasamudram railway stations. He sustained severe injuries and died on the spot.
The tribunal, however, dismissed the claim, citing inconsistencies in the records regarding the boy's age — which varied between eight and 20 years — and uncertainty over whether the incident took place during the day or at night.
The family challenged the decision in the high court, where Justice Hanchate Sanjeevkumar examined the available evidence, including the FIR, complaint, post-mortem report, and witness testimonies.
He found the discrepancies in the child's age to be minor and not grounds for rejecting the claim. The judge concluded that the tribunal's reasons for dismissal were "trivial" and lacked legal merit.
In his ruling, Justice Sanjeevkumar noted that the evidence clearly established that the boy died as a result of the accident and held that the tribunal's dismissal was "hyper-technical" and legally unsustainable. He emphasised that the tribunal should prioritise justice over procedural rigidity, especially in cases involving loss of life.
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