Jamuna Hembram vs Union Of India
2023 Latest Caselaw 545 Ori

Citation : 2023 Latest Caselaw 545 Ori
Judgement Date : 17 January, 2023

Orissa High Court

Jamuna Hembram vs Union Of India on 17 January, 2023

                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   FAO No.232 of 2022


            Jamuna Hembram                              ....         Appellant
                                                    Ms.D.Mohapatra, Advocate

                                         -versus-


            Union of India                              ....      Respondent
                                                         Mr.S.Panda, C.G.C.


                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                       ORDER

17.01.2023 Order No.

2. 1. The matter is taken up through Hybrid mode.

2. Heard Ms.Mohapatra, learned counsel for the Appellant and Mr.Panda, learned Central Government Counsel for the Respondent-Union of India.

3. Present appeal by the claimant is directed against the impugned judgment dated 25th April, 2022 passed by the learned Railway Claims Tribunal, Bhubaneswar Bench, in Case No.OA(IIU)/337/2017, wherein the Tribunal has refused to grant any compensation by disbelieving the case of the claimant.

4. The injured is a minor boy and as per his own admission recorded in course of statutory inquiry, he travelled by hanging in a Goods Train and was taking video-graph of the

same. It is also noticed that video-graphing of the same has been uploaded in the internet. The mother of the injured, examined as A.W.1, has also supported same statement made by her before the police during inquiry.

5. In view of such facts and circumstances of the case, no merit is seen in the contention of the Appellant to interfere with the impugned award. It is needless to mention here that the claim of the Appellant that the minor injured was travelling in a Puri- Rourkela Passenger Train is not substantiated in course of the evidence.

6. In the result, the appeal is dismissed.

7. Urgent certified copy of the order be granted on proper application.

( B.P. Routray) Judge

C.R.Biswal