The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.509 of 2023 Reena Bishoyi and others …. Appellants Ms. D. Mohapatra, Advocate -versus- Order No. 02. Union of India …. Respondent Mr. A. Pradhan, C.G.C. for Union of India CORAM: JUSTICE B. P. ROUTRAY
Decision
ORDER 22.03.2024 1. Heard Ms. D. Mohapatra, learned counsel for the Appellants- claimants and Mr. A. Pradhan, learned C.G.C. for Union of India- Respondent. 2. Present appeal by the claimants is directed against the judgment dated 01.11.2023 passed in OA(IIU)/116/2019 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. The case of the claimants is that, the deceased, namely, Bhajaram Bishoyi, while travelling in Puri-Sambalpur Intercity Express Train No.18304 from Bhubaneswar to Angul on 30.4.2019 died due to accidental fall from running train near Mancheswar. The journey ticket of the deceased was seized by the Police and the seizure list was produced before the learned Tribunal. The claimants have examined one witness, Viz.A.W.1 Page 1 of 5 Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 27-Mar-2024 15:45:55 in support of their case and also adduced the copies of Police papers. 4. The Railways denied the claim and contested the case by stating that, the death of the deceased is not due to fall from running train and it is unconnected to any untoward incident. In support of their stand, they examined one witness, Viz.R.W.1 and produced the copies of DRM’s statutory report along with Police papers. 5. The admitted facts remain that, the dead-body of the deceased was found lying in MCS yard R/5 in between PF No.1 and the rail tracks on 30.04.2019 at around 20.10 hrs. The local GRP received a message from unknown person regarding lying of the dead- body of the deceased and it registered UD Case No.33/2019 accordingly. The inquest was held over the dead-body and it was sent for post-mortem examination. According to the post-mortem examination report, several injuries including lacerated wounds over the head, crush injuries over right lower limb and contusions were found on different parts of the body. The dead-body was bisected severing the upper limb from lower limb at elbow level. As opined, the cause of death is due to such injuries that are ante- mortem in nature and consistent with railway accident. 6. Ms. Mohapatra, learned counsel for the claimants submits that, the suspicion raised by the learned Tribunal regarding journey of the deceased in the train is without any basis since the discovery of the journey ticket from possession of the dead-body has remained undisputed. Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 27-Mar-2024 15:45:55 Page 2 of 5 7. On the other hand, Mr. Pradhan, learned C.G.C. for the Respondent-Union of India submits that lying of the dead-body at Mancheswar Railway station unnoticed by anyone for quite long time is hard to believe and further, lying of the dead-body between the Platform and the track with severance of limbs is not possible in case of fall from running train. 8. A.W.1 has stated in his evidence that the deceased (his father) while travelling from Bhubaneswar to Angul with a valid journey ticket died due to accidental fall from running train. The recovery of the journey ticket, as mentioned in the seizure list prepared by the Police in UD Case, is left undisputed. The learned Tribunal has disbelieved the same for non-mention of the same in the inquest report itself. The Police upon completion of enquiry has submitted the final report stating that the death of the deceased is due to fall from running train and journey ticket No.UYA- 42490462, which was recovered from possession of the dead- body, is found related to same Puri-Sambalpur Intercity Express Train No.18304 of the given date.. The ticket was found to have been sold on 30.04.2019 during 6.00 hrs. at Bhubaneswar Railway Station. The genuineness and correctness of the ticket is admitted by the Railways. Therefore, the evidence of A.W.1 that the deceased was travelling in the train in question with a valid journey ticket is found substantiated. Non-mentioning of the same in the inquest report is irrelevant for the purpose. When the seizure list clearly speaks that the same was recovered from possession of the dead-body and A.W.1 says that his deceased- father was travelling in the train with valid journey ticket, nothing Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 27-Mar-2024 15:45:55 Page 3 of 5 remains there to doubt the same. The recovery of the body in between the Platform and the rail track further fortifies the fact of fall of the deceased from running train. 9. Thus the circumstances such as, the location of the dead-body lying by the side of railway track with such nature of injuries consistent with fall from running train, the opinion arrived in the Police inquiry report and the evidence of A.W.1 do justify the claim of applicants regarding death of the deceased due to fall from running train concerning an untoward incident. Accordingly the claimants are found established their case successfully that the deceased died due to fall in an untoward incident. The claimants being the wife and children of the deceased are thus found entitled for compensation as per the scheduled amount. 10. 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. 11. The copies of the evidences and documents produced by Ms. Mohapatra, learned counsel for the Appellants, in course of hearing are kept on record. Signature Not Verified Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 27-Mar-2024 15:45:55 Page 4 of 5 12. 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: 27-Mar-2024 15:45:55 Page 5 of 5