Union Of India vs Sanjay Jena
2023 Latest Caselaw 2665 Ori

                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                      FAO No.531 of 2015
                 Union of India, represented through its
                 General Manager, East Coast Railway,
                 Chandrasekharpur, Bhubaneswar              ....           Appellant
                                     Mr. M.K. Pati, Central Government Counsel
                                             -versus-
                 Sanjay Jena                                ....         Respondent
                                               Mr. Kalpataru Panigrahi, Advocate


                            CORAM:
                            SHRI JUSTICE B. P. ROUTRAY

                                           ORDER

3.4.2023 Order No.

04. 1. The matter is taken up through hybrid mode.

2. Heard Mr. M.K. Pati, learned Central Government Counsel for Appellant - Union of India and Mr. K. Panigrahi, learned counsel for the claimant - Respondent.

3. Present appeal by the Railways is directed against impugned judgment dated 15th July, 2015 of the Members (Judicial & Technical), Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar passed in OA No.116 of 2006, wherein compensation to the tune of Rs.4,00,000/- along with interest @ 6% per annum from the date of filing of the claim application, i.e. 24th July, 2006 has been granted on account of death of deceased Kabita Jena in an untoward incident.

4. It is submitted on behalf of the Appellant that the deceased was not a bonafide passenger of the train in question and therefore, the finding of learned tribunal in this regard is erroneous.

5. It is seen that the deceased namely Kabita Jena was travelling in 2nd C.P. Passenger Train from Paradeep to Cuttack on 9th November, 2005 and the journey ticket bearing No.00656 was recovered from her possession during inquest. The post mortem examination report suggests that the injuries were by the impact of hard and blunt force and the police in Paradeep GRPS UD Case No.6 of 2005 have submitted the final report stating death of the deceased due to fall from the running train. A.W.2 has categorically stated that the deceased after purchasing journey ticket boarded the train on 9th November, 2005. On the other hand no evidence has been adduced from the side of the railways. Thus, keeping in view all such evidences brought on record and the circumstances, no merit is seen in the appeal of the railways. The finding and conclusion of learned tribunal is accordingly confirmed.

6. In the result the appeal is dismissed.

( B.P. Routray) Judge M.K.Panda