Union Of India vs Sarat Chandra Nayak And Another
2023 Latest Caselaw 7779 Ori

                                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                       FAO No.458 of 2013
                                Union of India                         ....          Appellant
                                                        Mr. P.S. Nayak, Senior Panel Counsel
                                                          -versus-
                                Sarat Chandra Nayak and another        ....       Respondents
                                          Mr. P.K. Nayak, Advocate for Respondent Nos.1 & 2

                                            CORAM:
                                            JUSTICE B. P. ROUTRAY
                                                           ORDER

18.07.2023 Order No.

05. 1. Heard Mr. P.S. Nayak, learned Senior Panel Counsel for the Appellant-Union of India and Mr. P.K. Nayak, learned counsel for the Respondent Nos.1 & 2-claimants.

2. Present appeal is directed against judgment dated 19.7.2013 passed in O.A. No.214 of 2006 of the Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar, wherein learned Tribunal has directed to pay compensation of Rs.4,00,000/- along with interest @6% in equal share in favour of the claimants from the date of claim application, i.e. 22.11.2006 on account of death of the deceased, namely, Avaya Ranjan Nayak.

3. Mr. Nayak, learned Senior Panel Counsel for the Appellant- Union of India submits that the deceased did not possess any valid journey ticket and therefore, he was not a bonafide passenger of the train at the time of accident.

4. The circumstances reveal that, the dead body was found near the railway track, i.e. Loco Electric North Yard Sheet of New

Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-Jul-2023 10:37:41 Delhi railway station and the travelling of the deceased in Train No.H.N.G.2 EMU on 14.6.2006 has been categorically stated by both the witnesses, particularly A.W.2-the eye-witness. His evidence has been amply corroborated from the copy of the FIR as well as the Police investigation report. When all such circumstances establish the contention of the claimants regarding death of the deceased due to fall from the running train, the non- finding of journey ticket from possession of the dead body would not stand on the way of claimants from establishing their contention about death of the deceased in an untoward incident. Further, it is well settled that mere non-recovery of journey ticket from possession of the dead body would not disprove the case claimants regarding bonafide journey of the deceased in the train.

5. Thus, no merit is seen in the contention of railways to disturb the finding of the learned Tribunal.

6. In the result, the appeal is dismissed.

( B.P. Routray) Judge

B.K. Barik

Signature Not Verified

Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 19-Jul-2023 10:37:41