Union Of India vs [email protected] Agrawalla
2023 Latest Caselaw 2089 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   FAO No.713 of 2015
            Union of India                              ....         Appellant
                                                       Mr. G. Mohanty, C.G.C.
                                          -versus-
            [email protected] Agrawalla                         ....        Respondent
                                                     Mr. K. Panigrahi, Advocate

                        CORAM:
                        JUSTICE B. P. ROUTRAY
                                       ORDER

13.03.2023 Order No.

05. 1. Heard Mr. G. Mohanty, learned C.G.C. for the Appellant-

Union of India and Mr. K. Panigrahi, learned counsel for the Respondent-claimant.

2. Present appeal is directed against judgment dated 27.08.2015 passed in BBSR/OA/IIU/2011/0092 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 favour of the claimant from 19.07.2011 on account of death of the deceased, namely, Sushil Kumar Agrawalla in an untoward incident.

3. The case of the claimant is that, when the deceased was travelling from Howrah to Cuttack in Howrah-Puri Express with valid journey ticket bearing No.03296095 fell down from upper berth at Jajpur Road station due to sudden jerk of the train. He was shifted to the hospital at Cuttack and declared dead.

4. The claimant has examined two witnesses including eye- witness (A.W.2) and filed all the Police papers including post- mortem report, journey ticket, etc. The learned Tribunal upon examination of all such evidences produced from the side of the claimant has come to the conclusion regarding death of the deceased in the untoward incident.

5. Mr. G. Mohanty, learned C.G.C. contends for the Appellant- Union of India that since in the DRM's report nothing has been mentioned regarding any such incident reported by the train guard or the station master, the contention of the claimant is unbelievable. This submission is without merit in view of the clear evidence adduced on record from the side of the claimant. Moreover, movement of the deceased in the train in question and validity of the journey ticket has not been disputed. Therefore, all such contentions advanced based on the DRM's report are without merit. The learned Tribunal has discussed everything elaborately to come to such conclusion and this Court does not find any flaw in the same to interfere with the impugned award.

6. In the result, the appeal is dismissed being without merit.

( B.P. Routray) Judge

B.K. Barik