The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.372 of 2023 Madhusudan Sahoo and others …. Appellants Ms. D. Mohapatra, Advocate -versus- Order No. 05. Union of India Respondent Mr. G. Mohanty, Senior Panel Counsel for UoI …. CORAM: JUSTICE B. P. ROUTRAY
Decision
ORDER 20.02.2024 1. Heard Ms. D. Mohapatra, learned counsel for the Appellants- claimants and Mr. G. Mohanty, learned Senior Panel Counsel for the Respondent-Union of India. 2. Present appeal by the claimants is directed against the judgment dated 16.02.2023 passed in OA(IIU)/72/2017 by the Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar, wherein learned Tribunal has refused to grant any compensation by disbelieving the death of the deceased in an untoward incident. 3. The case of the claimants is that, the deceased, namely, Manoranjan Sahoo, while travelling in Puri-Howrah Jagannath Express Train No.18410 on 19-20/01/2017 from Bhubaneswar to Howrah died due to accidental fall from the running train between Mancheswar and Barang Railway Station. The journey ticket was lost in course of the incident. The claimants have examined two witnesses Viz. A.W.1 and A.W.2, and also adduced Police papers including post-mortem examination report, inquest 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: 22-Feb-2024 17:35:57 4. The Railways have denied the claim and adduced one witness, Viz. R.W.1 on their behalf. They also relied on the statutory report of the DRM in support of their case. 5. The admitted facts remain that, the dead-body of the deceased was noticed lying in the railway track bisected between the upper and lower limb. The track maintainer first reported the matter to the Superintendent, Mancheswar Railway Station who saw the dead-body inside the track at KM No.427/2 to 426/32 between MCS-BRAG section. The upper portion of the body was inside the track and the lower part was outside the track. Bhubaneswar GRPS UD Case No.4 dated 20.01.2017 was registered, inquest was held and the dead-body was sent for post-mortem examination. In the post-mortem examination report, it is opined that the injuries found on the dead-body are consistent with railway run over. 6. The learned Tribunal disbelieved the claim of the applicants due to absence of journey ticket and for the body was bisected into two parts. It is also the finding of the learned Tribunal that when the residence of the deceased is nearer to the place of accident, i.e. at Patia, there is every possibility of suicide. 7. It is true that absence of journey ticket will not disentitle the claim of the applicants regarding untoward incident. It is also true that mere finding of the dead-body near the railway track would not satisfy the claim regarding death of the deceased in an untoward incident. Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 22-Feb-2024 17:35:57 Page 2 of 4 8. It is important to look into such circumstances and the evidences brought on record. According to A.W.2, he had been with the deceased to Bhubaneswar Railway Station where he saw the deceased boarded the train after purchasing the journey ticket. This statement of A.W.2 has been left unrebutted. R.W.1, the witness adduced from the side of the Railways, is RPF personnel, who did not have any direct knowledge about the incident. Admittedly no one has seen the deceased either coming in front of the train or trespassing the track resulting the accident. What is concluded by the learned Tribunal that since the body was bisected into two parts, there is every possibility of suicidal attempt or run over is not found correct in absence of material evidence. According to the post-mortem examination report, the deceased received multiple injuries including abraded contusion, lacerated injuries and fracture injuries on both upper and lower limbs. There is also no material brought on record to disclose that the deceased was a resident at Patia (nearer to the place of incident) at the time of accident. 9. It is the consistent case of the claimants that the deceased boarded Jagannath Express in the night of 19.1.2017 for his journey to Howrah with a valid journey ticket. This has been substantiated with the statement of A.W.2, who saw the deceased boarded in the train. The nature of injuries found on the dead- body is of course consistent with railway run over as per the opinion arrived in the post-mortem examination report. Thus considering all such circumstances and the evidence of A.W.2, the claim of the applicants regarding death of the deceased due to fall from running train cannot be denied. The claimants are found Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 22-Feb-2024 17:35:57 Page 3 of 4 to have established their case regarding death of the deceased in an untoward incident while travelling in Jagannath Express on the given date. The substituted claimants being the brother and sisters of the deceased and children of the original claimant, are thus found entitled for the compensation as per the schedule amount. 10. In the result, the claim application is allowed and the impugned award is set aside. The Respondent-Union of India is directed to pay compensation of Rs.8,00,000/- along with interest @6% per annum from the date of accident in favour of the claimants 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. 11. With the aforesaid observation and direction, the appeal is disposed of. 12. The copies of the evidences and documents produced by Ms. Mohapatra, learned counsel for the Appellants in course of hearing, are kept on record. 13. 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: 22-Feb-2024 17:35:57 Page 4 of 4