Orissa High Court
Gita Sahoo And Another vs Union Of India on 1 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.933 of 2019
Gita Sahoo and another .... Appellants
Ms. D. Mohapatra, Advocate
-versus-
Union of India .... Respondent
Mr. C.K. Pradhan, Senior Panel Counsel for UoI
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
01.08.2023
Order No.
06. 1. Heard Ms. D. Mohapatra, learned counsel for the Appellants-
claimants and Mr. C.K. Pradhan, learned Senior Panel Counsel
for Union of India- Respondent.
2. Present appeal by the claimants, who are the widow and son of
the deceased, namely, Duryadhana Sahoo, is directed against
judgment dated 26.09.2019 passed in OA(IIu)/95/2015 by the
Railway Claims Tribunal, Bhubaneswar Bench, wherein learned
Tribunal has refused to grant any compensation by disbelieving
the case of the claimants.
3. The case of the claimants-Appellants is that, the deceased
while travelling in RKL-Puri Passenger Train on 16.3.2015 with
ticket, he accidentally fell down from the running train between
Bhubaneswar and VaniVihar railway station. He died on the spot.
The ticket was lost in course of the incident.
4. Though two witnesses Viz. A.W.1 and 2 were examined from
the side of the claimants and one witness Viz. R.W.1 was
Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 02-Aug-2023 10:26:28
examined from the side of the railways, but no mention is there
regarding evidences of A.W.2 and R.W.1 in the impugned
judgment of the learned Tribunal. The LCR was called for and
perused by this Court.
5. It is seen that undisputedly the dead-body of the deceased was
recovered from the railway track by the on-duty guard on
17.3.2015 at 08.00 hrs. RKL-Puri Passenger Train crossed the
spot at 9.00 P.M. on 16.3.2015. From the dead-body, his
belongings like money purse, driving license, etc. were also
recovered.
6. As per the evidence of A.W.2, he saw the deceased boarding
the train at Dhenkanal railway station after purchasing the
journey ticket. This part of the statement of A.W.2 was confirmed
in his cross-examination. On the other hand, R.W.1, who is a RPF
personnel, did not have any direct knowledge about the
occurrence. But he has conducted enquiry in his official capacity
as per the direction of the authority.
7. The circumstances remain that local GRP has submitted its
final report stating the death of deceased due to accidental fall
from running Train No.58131, i.e. RKL-Puri Passenger Train,
and according to the inquest report as well as post-mortem report,
the injuries found on the dead-body are of such nature which are
consistent with the story of fall from running train.
8. The evidences as adduced by A.W.1 & 2 coupled with the
circumstances of the case do establish the fact that the deceased
Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 02-Aug-2023 10:26:28
was travelling in RKL-Puri Passenger Train and died due to
possible fall from the running train at the spot. The contention of
the claimants to this effect is established on record through
material evidence judged on the principles of preponderance of
probability. As such, the claimants, who are the undisputed
widow and son of the deceased, are found entitled for
compensation as per the schedule amount.
9. In the result, the impugned award is set aside and the appeal is
allowed. The Respondent-Union of India is directed to pay
compensation of Rs.4,00,000/- along with interest @6% per
annum from the date of accident or Rs.8,00,000/-, whichever is
higher, within a period of four months from today. The
compensation amount shall be disbursed among the claimants-
Appellants in equal proportion by keeping 50% of the shares fall
due to each claimant in fixed deposits for a period of five years in
any nationalized Bank.
10. An urgent certified copy of this order be granted on proper
application.
( 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: 02-Aug-2023 10:26:28
