The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.138 of 2023 Laxman Bhoi and another …. Appellants Ms. D. Mohapatra, Advocate -versus- Union of India Respondent Mr. P.S. Nayak, Senior Panel Counsel for Union of India …. Order No. 04. CORAM: JUSTICE B. P. ROUTRAY
Decision
ORDER 11.03.2024 1. Heard Ms. D. Mohapatra, learned counsel for the Appellants- claimants and Mr. P.S. Nayak, learned Senior Panel Counsel for Union of India- Respondent. 2. Present appeal by the claimants is directed against the judgment dated 19.01.2023 passed in OA(IIU)/110/2018 by the Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar, wherein learned Tribunal has refused to grant any compensation by disbelieving the case of the claimants. 3. According to the claimants, the deceased while travelling in Titilagarh-Howrah Ispat Express from Titilagarh to Bolangir on 20.04.2018 died due to accidental fall from running train in between Deogan and Saintala railway station. The claimants have examined two witnesses Viz. A.W.1 and A.W.2 in support of their claim and also relied on Police papers like inquest report, post-mortem examination report, etc. Page 1 of 4 Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 13-Mar-2024 10:47:09 4. On the other hand, the Railways have contested the case by denying the claim and in support of their case they examined one witness Viz. R.W.1. They also produced the copy of statutory report of the DRM and relied on the Police papers. 5. The admitted facts of the case are that, the dead-body was found from the railway track lying between two rails at KM No.712/03-24 in between Deogan and Saintala railway station and first noticed by the on-duty Keyman. The dead-body was lying inside the railway track with amputation of both lower limbs at knee level associated with multiple injuries all over the body. The dead-body was also smeared with grease entirely. Bolangir GRPS UD Case No.17/2018 was registered, inquest was held and the dead-body was sent for post-mortem examination. The Police upon completion of investigation have submitted the final report stating death of the deceased due to accidental fall from running train. 6. The learned Tribunal disbelieved the death of deceased in any untoward incident holding that this may be a case of run over and secondly, the deceased’s residence is within 20 kilometers from the place of occurrence. Further, the learned Tribunal disbelieved the statement of A.W.2 as a co-passenger of the deceased in the train. 7. A.W.1 is Applicant No.1, who did not have any direct knowledge about the occurrence. A.W.2 has stated in his evidence that he was travelling in the same train with the deceased at the time of incident which took place around 6.00 Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 13-Mar-2024 10:47:09 Page 2 of 4 hours in the morning. It is to be mentioned here that the dead- body of the deceased was first noticed by the Keyman at 8.15 A.M. Titilagarh-Howrah Ispat Express, as per record, crossed the spot at 5.50 A.M. on the given date. A.W.2 stated in his evidence that he along with the deceased had been to Titilagarh station and boarded the train in question after purchasing ticket and on the way in between Deogan and Saintala, the deceased accidentally fell down from running train. Though he tried to apply the pull- chain, but the train did not stop and after reaching at Bolangir station, he informed the matter to the station master. In the cross- examination, he has said that the ticket was kept with the deceased and it was lost in course of the incident. The learned Tribunal disbelieved such evidence of A.W.2 on hypothetical grounds and for non-production of the journey ticket. The reasons so assigned by learned Tribunal is seen unjustified on the face of the statement made by this A.W.2 and for the reason that no rebuttal material has been produced to counter such statement of A.W.2. It is to be stated here that, though the ticket was not produced, but it is the consistent case of the claimants that the same was lost in course of incident. Further, mere absence of ticket would not be per se sufficient to contend that the deceased was not a bona-fide passenger of the train. At the same time, looking to the circumstances of the case that the dead-body was found from the railway track sustained with such injuries not inconsistent with fall from running train and entirely smeared with grease would justify the contention of the claimants regarding fall of the deceased from running train. Moreover the Police upon completion of enquiry have come to the opinion that Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 13-Mar-2024 10:47:09 Page 3 of 4 the deceased died due to fall from running train. When the dead- body was found lying on the track and there is evidence on record regarding journey of the deceased in the train, as seen from the statement of A.W.2, then keeping in view the nature of injuries sustained by the deceased, the case of the claimants regarding death of the deceased in an untoward incident while travelling in Titilagarh-Howrah Ispat Express is found established on record. The claimants, who are the parents of the deceased, are accordingly found entitled for compensation as per the scheduled amount. 8. In the result, the appeal is allowed and the impugned award is set aside. The Respondent-Union of India is directed to pay compensation of Rs.8,00,000/- (rupees eight lakhs) along with interest @6% per annum from the date of accident within a period of four months from today. The compensation amount shall be disbursed among the claimants-Appellants in equal proportion by keeping 50% of the shares fall due to each claimants fixed for a period of five years in any nationalized Bank. 9. The copies of the evidences and documents produced by Ms. Mohapatra, learned counsel for the Appellants, in course of hearing are kept on record. 10. An urgent certified copy of this order be granted on proper application. Judge ( B.P. Routray) B.K. Barik Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 13-Mar-2024 10:47:09 Page 4 of 4