Union Of India vs Banamali Khuntia And Another
2023 Latest Caselaw 2924 Ori

                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                       FAO No.33 of 2015
                 Union of India, represented through its
                 General Manager, East Coast Railway,
                 Chandrasekharpur, Bhubaneswar              ....         Appellant
                                       Ms. S. Patra, Central Government Counsel
                                             -versus-
                 Banamali Khuntia and Another               ....      Respondents
                          Mr. Kalpataru Panigrahi, counsel for Respondents 1 & 2


                             CORAM:
                             SHRI JUSTICE B. P. ROUTRAY

                                           ORDER

6.4.2023 Order No.

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

2. Heard Ms. S. Patra, learned Central Government Counsel for Appellant - Union of India and Mr. K. Panigrahi, learned counsel for the claimant - Respondents.

3. Present appeal by the Railways is directed against impugned judgment dated 20th October, 2014 of the Members (Judicial & Technical), Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar passed in OA No.128 of 2011, 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. 11th August, 2011 has been granted on account of death of deceased Subash Chandra Khuntia in an untoward incident.

4. It is contended by the Appellant that the deceased committed suicide and this is not a case of untoward incident.

5. The dead body of the deceased was found lying inside the track in route No.3 (Platform No.2) at the yard. Though the Station Superintendent was examined as R.W.1 on behalf of the railways, but he did not say anything about commission of suicide by the deceased. Neither the Loco Pilot nor train guard did report anything about commission of suicide by the deceased and no such finding has been arrived by the DRM in his statutory report. A.W.2 was a co-passenger of the deceased who saw the deceased falling from the running train No.8463 (Prasanti Express). Berhampur GR PS UD Case No.82 dated 11th November, 2010 is also concluded with the report that the deceased died due to fall from the running train. As such, based on all such materials and evidences, the conclusion drawn by learned tribunal regarding death of the deceased in an untoward incident is confirmed by this court.

6. In the result the appeal is dismissed.

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