Manorama Ram @Rama And Others vs Union Of India
2023 Latest Caselaw 10291 Ori

                                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                    FAO No.527 of 2020
                                 Manorama Ram @Rama and others               ....         Appellants
                                                                          Mr. P.K. Sahoo, Advocate
                                                               -versus-
                                 Union of India                          ....        Respondent
                                                    Mr. A.K. Mohanty, C.G.C. for Union of India
                                            CORAM:
                                            JUSTICE B. P. ROUTRAY
                                                             ORDER

29.08.2023 Order No.

05. 1. Heard Mr. P.K. Sahoo, learned counsel for the Appellants-

claimants and Mr. A.K. Mohanty, learned C.G.C. for Union of India- Respondent.

2. Present appeal by the claimants is directed against judgment dated 6.1.2020 passed in OA-II/230/2016 by the Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar, wherein learned Tribunal has refused to grant any compensation by disbelieving the case of the claimants.

3. The Appellants filed the claim application stating that the deceased namely, Shri Babaji Ram @Rama died in an untoward incident falling from a passenger train on 13.9.2015 while travelling from Raichur railway station to Guntakal in the State of Karnataka. A copy of ticket bearing No.A50550108 was produced by the claimants.

4. The claimants examined one witness, Viz.A.W.1 on their behalf and relied on the copies of the Police inquiry report conducted in Dhusuri P.S. UD Case No.28, dated 19.9.2015.

Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 30-Aug-2023 16:04:50

5. Admittedly the deceased died at Bhadrak Medical on 19.9.2015. He was shifted to Bhadrak Medical from the local hospital at Raichur. A.W.1, who is the wife of the deceased, has admittedly not seen the alleged accident. No one else also came forward to say that he has seen the deceased either travelling in the train or his fall from the same. The ticket, copy of which was produced, is of general class without mentioning the train details for which it was issued. The claimants also does not say about name of the train and it's number. A.W.1 has no direct knowledge about the alleged accident and she was staying in the district of Bhadrak in Odisha while the alleged incident took place in the State of Karnataka. It remains unknown that how the deceased reached at local hospital in injured condition. DRM's report speaks that the railway authorities are unaware of any such incident or accidental fall of the deceased from any running train on the alleged date, i.e. on 13.9.2015. So, in absence of substantive materials, the contention of the claimants that the deceased fell down from the running train cannot be believed. Thus, this Court agrees with the finding of the learned Tribunal that the claimants have failed to establish their case about death of the deceased in an untoward incident. As such, no reason is seen to interfere with the impugned award.

6. In the result, the appeal is dismissed.

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

Signature Not Verified Digitally Signed

Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 30-Aug-2023 16:04:50