Union Of India vs Puspalata Panda And Others
2023 Latest Caselaw 3035 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                     FAO No.505 of 2018


            Union of India                             ....         Appellant
                                                            Mr.M.K.Pati, CGC



                                            -versus-



            Puspalata Panda and others             ....     Respondents
                      Ms.D.Mahapatra, Advocate for Respondent No.1 to 3

                         CORAM:
                         JUSTICE B. P. ROUTRAY

                                         ORDER

10.4.2023 Order No.

4. 1. The matter is taken up through Hybrid mode.

2. Heard Mr.Pati, learned counsel for the Appellant and Ms.Mahapatra, learned Advocate for Respondent Nos.1 to 3.

3. Present appeal is directed against impugned judgment dated 26th December, 2017 passed by the Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar, in O.A.No.77 of 2015, wherein compensation to the tune of Rs.8,00,000/- along with interest @6% per annum has been granted with effect from 1st January, 2017 till realization.

4. It is submitted by Mr.Pati on behalf of the Railways that the deceased was not a bona fide passenger of the train since no journey ticket could be recovered from his possession.

5. It is seen that the Tribunal has dealt with this aspect regarding absence of recovery of journey ticket. A.W.2 is the witness, who has seen the deceased boarding the train after purchasing a valid ticket and no reason is there to disbelieve his version. The evidence of A.W.2 being found trustworthy, the Tribunal has relied on the same. Further, it is well settled that for the mere reason that the ticket could not be discovered from possession of the deceased would not make the claim unbelievable that the deceased was not a bona fide passenger and moreover, it is the specific case of the claimants that journey ticket was lost in course of the accident. As such, no ground is seen to entertain the contention of the Appellant to interfere with the impugned award.

5. The Tribunal has directed for payment of compensation of Rs.8,00,000/- along with interest @6% per annum with effect from 1st January, 2017. But considering the principles of law laid down in the case of Union of India vs- Rina Devi, (2019) 3 SCC 572, the compensation amount is limited to Rs.8,00,000/- without interest, since the date of accident is 26th November, 2014. Further, the direction for payment of penal interest @8% is waived.

6. With the aforesaid modification in the award, the appeal is disposed of with a direction to the Appellant to deposit the modified compensation amount of Rs.8,00,000/-(eight lakhs) within a period of three months from today, which shall be disbursed in favour of the claimants on such terms and proportion to be decided by the Tribunal.

7. Urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

C.R.Biswal