Orissa High Court
Parbati Swain And Others vs Union Of India on 3 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.227 of 2021
Parbati Swain and Others .... Appellants
Ms. Deepali Mohapatra, Advocate
-versus-
Union of India, represented through its
General Manager, East Coast Railway,
Bhubaneswar .... Respondents
Ms. J. Sahu, Central Government Counsel
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
3.8.2023
Order No.
02. 1. The matter is taken up through hybrid mode.
2. Heard Ms. D. Mohapatra, learned counsel for the claimant -
Appellants and Ms. J. Sahu, learned Central Government Counsel for
Respondent - Union of India.
3. Present appeal by the claimants is directed against impugned
judgment dated 16th July, 2021 of the Member (Technical), Railway
Claims Tribunal, Bhubaneswar Bench, Bhubaneswar passed in OA
(IIU)/127/2018, wherein the tribunal has refused to grant any
compensation in favour of the claimants by disbelieving their case.
4. The case of the claimants is that the deceased -Siba Swain
while travelling in Angul-Puri Passenger train from Lingaraj Temple
Road station to Delanga on 12th June 2018 fell down at Lingaraj
Temple Road Station from the running train and died at the spot. It is
the specific averment of the claimants that the deceased had the valid
journey ticket bearing No.69532 dated 12th June, 2018.
5. It is seen that one witness each from the side of claimants and
Railways were examined. Besides the oral evidence, the copies of
police enquiry report, inquest report, post mortem examination report,
etc. were also adduced in evidence from the side of the claimants and
the Railways have produced the statutory report of DRM in addition
to the same.
6. The tribunal has disbelieved the contention of the claimants
stating that stray finding of ticket or location of dead body from the
track did not bring clinching evidence regarding death of the deceased
in an untoward incident and therefore, rejected the claim for
compensation.
7. The admitted circumstances remain that journey ticket bearing
No.69532 dated 12th June, 2018 was found from possession of the
dead body at the time of inquest and the dead body was found in the
up railway track by GRP personnel at KM No.440/27/A near Lingaraj
Temple Road PH. The train left Lingaraj Temple Road PH at 9.29
hours and the GRP personnel saw the dead body at around 11.15
hours. Further, according to the post mortem examination report there
was fracture of maxilla and skull into pieces, deep lacerated wounds
over right side forehead and other injuries. As per opinion of the
doctor such injuries are consistent with railway accident.
8. It is the statement of A.W.1, the witness adduced from the side
of the claimants that, he had been to Lingaraj Temple Road PH along
with the deceased to see off him and the deceased went inside the
station and purchased the journey ticket. This part of the evidence of
A.W.1 has been disbelieved by the tribunal without any reason and
the witness adduced from the side of railways has never denied
recovery of journey ticket from possession of the dead body. Thus, the
circumstances as stated above including the injuries sustained by the
deceased coupled with recovery of his dead body from the railway
track justify the contentions of the claimants regarding death of the
deceased in an untoward incident. It needs to be mentioned here that
R.W.1 being an RPF personnel did not have any direct knowledge
about the incident to rebut the evidence of A.W.1 or the circumstances
so established regarding death of the deceased due to accidental fall
from running train.
9. Thus in the opinion of this court, the claimants have
successfully established their case regarding death of the deceased
involving an untoward incident while travelling in Angul-Puri
passenger train and the claimants being the wife and children of the
deceased are entitled for compensation as per scheduled amount.
10. In the result, the appeal is allowed and the impugned judgment
is set aside. The Respondent - Union of India is directed to pay
compensation of Rs.8,00,000/- (eight lakhs) to the claimants along
with interest @ 6% per annum from the date of accident, within a
period of four months from today. The entire compensation amount
including interest shall be disbursed in favour of the claimant -
Appellants in equal share by keeping 50% of the shares fall due to
each claimant in separate fixed deposits in their names respectively, in
any nationalized bank for a period of six years.
11. The copies of documents and evidences produced by Ms.
Mohapatra in course of hearing are kept on record.
( B.P. Routray)
Judge
M.K.Panda
Signature Not Verified
Digitally Signed
Signed by: MANAS KUMAR PANDA
Designation: Senior Steno
Location: OHC, Cuttack
Date: 10-Aug-2023 18:01:24
