Orissa High Court · 2023
Case Details
Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack Date: 02-Apr-2024 16:43:47 IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.137 of 2023 Sunita Behera and others …. Appellants Ms.D.Mahapatra, Advocate -versus- Union of India Respondent Mr.C.K.Pradhan, Sr.Panel Counsel …. CORAM:
Legal Reasoning
SHRI JUSTICE B. P. ROUTRAY Order No. 5. 1. The matter is taken up through hybrid mode.
Decision
ORDER 27.3.2024 2. Heard Ms.D.Mahapatra, learned counsel for the Appellant and Mr.C.K.Pradhan, learned Senior Panel Counsel for the Respondent-Union of India. 3. Present appeal by the claimants is directed against the judgment dated 13th February 2023 passed by the Railway Claims Tribunal, Bhubaneswar Bench in Case No.OA(IIU)/172/2019, wherein the Tribunal has refused to grant any compensation by disbelieving claimants’ case. 4. The case of the claimants is that the deceased Ashok Behera @ Babu Das while travelling in Puri-Rourkela passenger train on Page 1 of 5 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack Date: 02-Apr-2024 16:43:47 12th September 2019 from Puri to Bhubaneswar died due to accidental fall from running train in between Retanga and Bhubaneswar railway station. Bhubaneswar GRPS UD Case No.74/19 was registered and the police submitted the final report stating that death is due to fall from the running train. 5. The claimant examined two witnesses Viz. A.W.1 and A.W. 2 and relied on the copies of the police papers including the inquiry report, postmortem examination report etc. The railways denied the claim and stated that the death of the deceased in any untoward incident is not proved on record and the claimants are not entitled for compensation. The railways have examined one witness Viz. R.W.1 on their behalf and also relied on the same police papers along with statutory report of the DRM. 6. The admitted facts remains that the dead body of the deceased was first noticed by on-duty track man lying in the middle line outside the track at KM No.440/27-29 in between BBS-RTN section. The dead body was noticed in the morning hour on 12th September 2019, i.e. the date of the occurrence. The inquest over the dead body was held by police and it was sent for postmortem examination. As per the opinion of the postmortem examination Page 2 of 5 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack Date: 02-Apr-2024 16:43:47 doctor, the cause of death is due to hard and blunt trauma, which can be possible by fall from running train. 7. The Tribunal discarded the case of the claimants mainly due to absence of journey ticket and on the ground that the deceased is a resident of place about 500 meters away from the place of incident. 8. The evidence of A.W.2 goes to show that he along with the deceased travelled in the same train i.e. Puri-Rourkela passenger train from Puri on the given date. He saw the deceased purchasing the journey ticket from Puri railway station and boarded the train. The deceased boarded into one compartment of the train and A.W.2 boarded to the adjacent compartment. This part of the evidence of A.W.2 is left unrebutted. Further, the police in its inquiry report have stated that the death of the deceased is due to fall from Puri- Rourkela Passenger Train No.58123 and there is no suspicion of foul play. 9. R.W.1, the witness examined on behalf of the Railways, is a RPF personnel, who did not have any direct knowledge about the incident. Here, coming to see the circumstances, it reveals that dead body was recovered lying near the railway track with sustenance of such injuries, which are consistent with the story of fall from the running train. There is no explanation given by the railways Page 3 of 5 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack Date: 02-Apr-2024 16:43:47 regarding finding of the dead body near the railway track in an injured condition. It is the consistent case of the claimants that the journey ticket was misplaced in course of the incident which is not unnatural in a case of fall from the running train. When the witness (A.W.2) says that he saw the deceased boarded in the train after purchasing journey ticket and the said evidence is left un-assailed by the Railways, there is no reason to disbelieve it, particularly keeping in view the circumstances noticed as above. Mere absence of journey ticket or the residence of the deceased around 500 meters away from the place of incidence would not itself sufficient to hold that the deceased was not a bona fide passenger of the train. When the materials and evidences brought on record do justify that the deceased was a bona fide passenger and his dead body was found with such injuries consistent with the story of fall from the running train, the claimants are found established their claim regarding death of the deceased in an untoward incident. It is thus established that the deceased died in an untoward incident while travelling in Puri- Rourkela Passenger Train on 12th September 2019. 10. In the result, the appeal is allowed and the impugned award is set aside. Accordingly, the Respondent-Union of India is directed to pay compensation of Rs.8,00,000/- (eight lakhs) along with interest @ 6% per annum from the date of accident within a period of four Page 4 of 5 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack Date: 02-Apr-2024 16:43:47 months from today. The same shall be disbursed in favour of the claimants in equal proportion by keeping 50% of the amount fall due to share of claimant no.1 (Sunita Behera) in fixed deposits separately in her name in any Nationalized bank for a period of six years and the entire amount fall due to the share of claimant no.2 & 3 (Satyajit Behera and Subhalaxmi Behera) be kept in fixed deposits in any Nationalized Bank till they attain majority or for a period of six years, whichever is later. 11. Copies of the evidences and documents produced by Ms.Mohapatra in course of hearing are kept on record. 12. Urgent certified copy of this order be granted on proper application. Judge ( B.P. Routray) C.R.Biswal Page 5 of 5