Union Of India vs Ratnakar Rana And Another
2023 Latest Caselaw 8310 Ori

                                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                        FAO No.343 of 2016


                                   Union of India                          ....        Appellant
                                                                  Mr.Achyutananda Routray, CGC


                                                               -versus-


                                   Ratnakar Rana and another              ....     Respondents
                                             Mr.P.K.Behera, Advocate for Respondent Nos.1 & 2

                                              CORAM:
                                              JUSTICE B. P. ROUTRAY

                                                            ORDER

31.7.2023 Order No.

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

2. Heard Mr. Routray, learned Central Government Counsel for the Appellant-Union of India and Mr. Behera, learned Advocate for Respondent Nos.1 and 2.

3. Present appeal is directed against the impugned judgment dated 21st April 2016 passed by the Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar in O.A. No.42 of 2014, wherein compensation to the tune of Rs.4,00,000/- along with interest @6% per annum has been granted on account of death of the deceased in an untoward incident.

4. Mr. Routray submits for the Railways that the dead Signature Not Verified Digitally Signed body was found from the down line whereas it is the case of the Signed by: CHITTA RANJAN BISWAL Designation: Secretary Reason: Authentication claimants that the deceased was travelling in the Khurda Road- Location: Orissa High Court, Cuttack Date: 01-Aug-2023 17:35:59 Kharagapur Fast Passenger Train in the up-line. He further

submits that as per police inquiry report in the U.D. Case, the death is by fall from any train on the down line and therefore, the case of the claimants is disputed.

5. Admittedly, no evidence has been adduced from the side of Railways and it is the consistent evidence of A.W.2 that he saw the deceased boarded in Khurda Road-Kharagapur Fast Passenger Train from Bhubaneswar. This part of the statement of eye-witness has neither been rebutted in his cross-examination nor denied through opposite party witness. It is well known that the police enquiry report has no evidentiary value and what is stated in the inquiry report regarding discovery of the dead body from down line would never be taken to suggest that the deceased was not a passenger of a train in the up-line. Moreover, the injuries as mentioned in the inquiry report as well as postmortem examination report do clearly suggest the same as consistent with the story of fall from train. So in absence of any evidence produced from the side of the Railways, the conclusion derived by the Tribunal to find the death of deceased involving an untoward incident cannot be negated.

5. Accordingly, the appeal is dismissed.

( B.P. Routray) Judge

Signature Not Verified Digitally Signed Signed by: CHITTAC.R.Biswal RANJAN BISWAL Designation: Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 01-Aug-2023 17:35:59