Smt. Rude Sikaka And Another vs Union Of India
2023 Latest Caselaw 3671 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   FAO No.974 of 2019
            Smt. Rude Sikaka and another               ....         Appellants
                                                Ms. D. Mohapatra, Advocate
                                        -versus-
            Union of India                             ....        Respondent
                                   Ms. B. Tripathy, C.G.C. for Union of India

                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                      ORDER

18.04.2023 Order No.

04. 1. Heard Ms. D. Mohapatra, learned counsel for the Appellants-

claimants and Ms. B. Tripathy, learned C.G.C. for Union of India- Respondent.

2. Present appeal by the claimants, who are the wife and son of the deceased namely Tima [email protected], is directed against judgment dated 01.11.2019 of the Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar, passed in OA(IIu)/MCC/ 0031/2016, wherein learned Tribunal has refused to grant any compensation by disbelieving the case of the claimants.

3. According to the claimants, the deceased while travelling in Sambalpur-Rayagada Intercity Express on 21.04.2015 died due to fall from the running train near Bissam-Cuttack Railway Station.

4. A.W.1, the widow is the only witness examined from the side of the claimants. No other evidence has been adduced on record to suggest death of the deceased due to fall from the running

train. It is seen from the contention of the claimants that the deceased died in the hospital. It is not known wherefrom the deceased was brought to the hospital and who brought him to the hospital for treatment. Neither any such fall of any passenger from the train was reported to the railway authorities at Bissam- Cuttack nor any such witness has been produced who has reportedly seen the deceased lying any place near the railway track. The post-mortem doctor also did not opine anything on the nature of injuries consistent with fall from the running train.

5. Ms. D. Mohapatra, learned counsel for the Appellant contends that as per the inquest report prepared by the Police, a journey ticket was recovered from possession of the deceased at the time of inquest. However, no such journey ticket was produced on record nor any such witness in whose presence the inquest was held, has been examined by the claimants. So, in absence of definite evidence with regard to circumstances relating to lying of deceased connected to railway journey, the case of the claimants cannot be believed as death due to fall from running train. For all such reasons, the death of the deceased is not established to be related to any untoward incident within the meaning of Section 124-A of the Railways Act. The findings of learned Tribunal refusing to grant compensation are thus confirmed.

6. In the result, the appeal is dismissed.

( B.P. Routray) Judge B.K. Barik