Lalita Behera vs Union Of India
2023 Latest Caselaw 8553 Ori

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 11-Aug-2023 13:15:21



                                          IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                      FAO No.435 of 2022
                                Lalita Behera                              ....         Appellant
                                                                       Ms.D.Mohapatra, Advocate
                                                            -versus-
                                Union of India                             ....       Respondent
                                                                Mr.B.Das, Senior Panel Counsel

                                            CORAM:
                                            SHRI JUSTICE B. P. ROUTRAY
                                                          ORDER

04.08.2023 Order No.

04. 1. The matter is taken up through hybrid mode

2. Heard Ms.Mohapatra, learned counsel for the claimant- Appellant and Mr.Das, learned Senior Panel Counsel for the Respondent- Union of India.

3. Present appeal by the claimants is directed against impugned judgment dated 1st September 2022 passed by the Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar in O.A.(IIU) 09 of 2021, wherein learned Tribunal has refused to grant any compensation in favour of the claimants by disbelieving her case.

4. The Claimant's case is that the deceased namely, Kalu Behera is a resident of Berhampur who worked at Surat. On 20th August 2018 he started his journey from Surat to Behrampur in Navjeevan Superfast Express with a valid second class journey ticket and alighted at Vijayawada. He again boarded another train from

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 11-Aug-2023 13:15:21

Vijayawada to Berhampur and on the way he accidentally fell down from the running train at Akola railway station. The dead body was first noticed by the on-duty key man lying at KM No. 580-13/15 and consequently GRP UD Case No. 38 of 2018 was registered.

5. The claimant examined herself as A.W.1 and another witness namely, Manoj Kumar Sahoo as A.W.2 in support of her contentions. According to A.W.2, he came to Surat railway station along with the deceased where he saw the deceased boarded in Navjeevan Express with valid journey ticket.

6. On the other hand, no witness was examined from the side of the railways and they only relied on the statutory report of the DRM along with police reports like inquest and post-mortem examination report etc.

7. It is true that no journey ticket was recovered from the possession of the dead body nor has been produced by the Claimant in course of hearing. But the same by itself will not negative the claim about death of the deceased in an untoward incident as a bona fide passenger in the train. It is relevant to look into the circumstances of death and other facts.

8. According to inquest report and post-mortem report, the deceased was found with fracture, lacerated wounds and internal injuries. All the rib bones were fractured on both sides. Lacerated injuries were there over the internal organs like liver, pleura and lungs as well. Undisputedly, the dead body was seen lying on the railway track which was first noticed by the on-duty key man. All such circumstances put together justify the contention of the Claimant that the death of the deceased is consistent with fall from running train.

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 11-Aug-2023 13:15:21

Moreover, no witness was examined from the side of the railways to dispute such statements of A.W. 1 & 2 and nothing to the contrary could be elicited from their cross-examination to disbelieve their version.

9. As such keeping all such factors and material evidences in view, this Court comes to the opinion that the Claimant has successfully established her case regarding death of the deceased in an untoward incident while travelling in train.

10. In the result, the impugned award is set aside and the appeal is allowed. The Respondent-Union of India is directed to pay the compensation of Rs.8,00,000/- (Eight lakhs) along with interest @6% per annum form the date of accident, within a period of four months from today, which shall be disbursed in favour of the Claimant- Appellant by keeping 50% of the same in fixed deposit in any nationalized bank for a period of six years.

11. The copies of evidences and documents as produced by Ms. Mohapatra in course of hearing are kept on record.

12. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

S.Das