Kalpana Dey vs Union Of India
2023 Latest Caselaw 6618 Cal

IN THE HIGH COURT AT CALUTTA Civil Appellate Jurisdiction 29.09.2023 SL No.11

Ali

FMA 2460 of 2013 Kalpana Dey Vs.

Union of India

Mr. Saswata Bhattacharyya, Mr. Sujoy Sinha, ....for the appellant-claimant.

Mr. Subrata Santra .....for the Union of India/Eastern Railway.

The instant appeal has been preferred

against the judgment and award dated 20th Day of

June, 2011 passed by the Hon'ble Vice-Chairman,

Railway Claims Tribunal, Kolkata Bench, in Railway

Accident Claim Case no. U/406 of 2004.

The brief fact of the case is that the present

appellant being the claimant filed an application

before the learned tribunal for getting compensation

on the ground that her husband died in an

untoward incident by failing from the running train

on 09.03.2004. The fact of the accident as stated by

the claimant through his eye witnesses goes to show

that the accident happened between 8.00 a.m. to

9.00 a.m. The dead body of the deceased was found

near Agarpara Railway Station. The ticket which was

alleged to have been recovered from the pocket of

the deceased is a local ticket purchased at Naihati

Station at 8.05 a.m. The Railway memo said the

accident happened at 8.15 a.m. The inquest report

including the final investigation report of the police

also stated the time of accident to be 8.15 a.m. After

purchasing the ticket from the Naihati Railway

Station at 8.05 p.m. how the person reached near

Agarpara Railway Station which is situated at

railway running distance about 33.00 to 37.00

minutes from Naihati Station. On the basis of such

conclusion, the learned tribunal has dismissed the

claim application finding the document i.e. the

inquest report and the final police investigation

report is not justified.

Learned advocate for the appellant submits

that the memo of the Station Master which was

treated to be the FIR of this case placed in page 59

of the paper book has mentioned the time to be 8.55

hours instead of 8.15 hours. The page 59 is a copy

of Xerox memo. The matter cannot be investigated at

this stage. Thus, I think it necessary that the matter

should be go on remand for proper investigation in

respect of the time of the accident as mentioned in

the memo of the railway dated 09.03.2004 regarding

the alleged accident.

Accordingly, the instant appeal is disposed

of.

The entire matter be remanded back before

the learned tribunal.

Claimants are at liberty to made appropriate

application before the learned tribunal to investigate

the time mentioned in the memo of the Railway.

After such investigation is made by the

tribunal and after heard both the parties on that

point, the learned tribunal shall pass a fresh order.

Parties are at liberty to file their respective

evidences, if any, before the learned tribunal.

The instant claim case is pending since the

accident of 2004 so learned tribunal is directed to

disposed of the same within a short span of period

i.e. more preferable within six month from the date

of receiving of this order.

The instant FMA 2460 of 2013 is disposed

of.

All connected applications, if any, stand

disposed of.

Interim orders, if any, stand vacated.

LCR alongwith the copy of this order be sent

back immediately.

Parties to act upon the server copy and

urgent certified copy of this order be provided on

usual terms and conditions.

(Subhendu Samanta, J.)