Kumari Sakuntala Naik And Another vs Union Of India
2023 Latest Caselaw 2573 Ori

                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                       FAO No.153 of 2015
                 Kumari Sakuntala Naik and Another          ....       Appellants
                                                Ms. Deepali Mohapatra, Advocate
                                            -versus-
                 Union of India, represented through its
                 General Manager, East Coast Railway,
                 Bhubaneswar                                ....     Respondents
                                 Mr. B. Moharana, Central Government Counsel


                            CORAM:
                            SHRI JUSTICE B. P. ROUTRAY

                                          ORDER

29.3.2023 Order No.

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

2. Heard Ms. D. Mohapatra, learned counsel for the claimant - Appellants and Mr. B. Moharana, learned Central Government Counsel for Respondent - Union of India.

3. Present appeal by the claimants is directed against impugned judgment dated 27th October, 2014 of the Members (Judicial & Technical), Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar passed in OA IIU/2007/0101, wherein the tribunal has refused to grant any compensation in favour of the claimants by disbelieving their case.

4. According to the claimants, the deceased was returning from Mumbai in Konark Express Train No.1019 on 14th October, 2006.

After crossing Berhampur Railway Station some miscreants robbed money and other belongings of the deceased and pushed him out of the coach near RDC Bunglow. As a result of the same, he sustained severe head injuries and died on 22nd October, 2006 while undergoing treatment in the hospital.

5. As per police investigation in Baidyanathpur PS UD Case No.187 of 2006 the deceased was recovered by an unidentified person and taken to hospital. The deceased was lying away from railway track. Neither any journey ticket in respect of the deceased has been produced nor recovered by police. The story of robbery as narrated by the claimants is not found true in the police enquiry report nor is any independent evidence adduced to that effect. The railways had no information about any such incident or recovery of the deceased in injured condition near the railway track. It is true that mere recovery of an injured near the railway track would not per se prove any untoward incident. Moreover, none of the witnesses have seen the deceased either purchasing the ticket for his journey or travelling in the train. Therefore, no ground is seen in favour of the claimants to interfere in the impugned award.

6. In the result the appeal is dismissed.

7. The copies of evidences produced by Ms. Mohapatra in course of hearing are kept on record.

( B.P. Routray) Judge M.K.Panda