Soumya Ranjan Behera vs Union Of India
2023 Latest Caselaw 7538 Ori

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 18-Jul-2023 16:50:31




                                   IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                 FAO No.170 of 2020
                        Soumya Ranjan Behera
                                                                     ....          Appellant
                                                                 Ms.D.Mohapatra, Advocate
                                                      -versus-
                        Union of India                               ....       Respondent
                                                                     Mrs. B.Tripathy, CGC

                                          CORAM:
                                          SHRI JUSTICE B. P. ROUTRAY
                                                    ORDER

13.07.2023 Order No.

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

2. Heard Ms.Mohapatra, learned counsel for the claimant- Appellant and Mrs.Tripathy, learned CGC for Respondent- Union of India.

3. Present appeal by the claimants is directed against impugned judgment dated 10th January 2020 passed by the Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar in O.A.(IIU) 287 of 2016, wherein learned Tribunal has refused to grant any compensation in favour of the injured claimant by disbelieving his case.

4. Admittedly, the injured was found lying at Kenduapada railway station and rescued by the Loco Pilot of goods train. The case of the Claimant is that while he was travelling in Jagannath Express from Puri to Bhadrak with journey Ticket No.34800007 dated 7th

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Jul-2023 16:50:31

November 2016, he fell down at Kenduapada station due to sudden jerk and commotion inside the compartment. The Respondent though do not deny his journey, but stated on presumption that the injured jumped from running train at Kenduapada station since his residence is nearer to that. Learned Tribunal based on such presumption given the statutory report of the DRM concluded that the injured sustained injuries by self-infliction.

5. On the given facts of present case, the only point remains to be decided is, whether the injuries sustained by the injured was accidental or self-inflicted. In this regard if the evidences adduced on record are looked into, A.W.1 - the injured himself has stated in his evidence that he accidentally fell down from the train to sustain such injuries resulting amputation of his left leg from knee. R.W.1 - the RPF personnel examined on behalf of the railways is not an eye witness to the incident and he did not have any direct knowledge about the occurrence. The report of the DRM is based on presumptions without any direct knowledge. Since the injured himself is saying about the accidental nature of the injury, which could not be rebutted in his cross-examination, the preponderance of probabilities is seen heavier in support of the contention of injured Claimant and therefore, the same is accepted.

6. In the result, the finding of the Tribunal is set aside and it is held that the injured has successfully established his case regarding sustenance of injury in an untoward incident while travelling in Jagannath Express Train from Puri to Bhadrak on 7th November 2016.

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 18-Jul-2023 16:50:31

Accordingly, he is found entitled to compensation as per scheduled amount.

7. The appeal is allowed and the Respondent-Union of India is directed to pay the compensation of Rs.2,00,000/- (Two lakhs) along with interest @ of 6% per annum from the date of accident or Rs.4,00,000/-, whichever is higher, within a period of 4 months from today, where after the same shall be disbursed in favour of the claimants by keeping 50% of the same in fixed deposit in his name, in any nationalized bank for a period of six years.

8. The copies of the depositions and other documents as produced in course of hearing are kept on record.

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

( B.P. Routray) Judge S.Das