Orissa High Court
Smt. Laxmi Swain And Others vs Union Of India on 3 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.280 of 2014
Smt. Laxmi Swain and Others .... Appellants
Ms. D. Mohapatra, Advocate
-versus-
Union of India, represented through
General Manager, South Central
Railway, Secunderabad, Andhra .... Respondents
Pradesh
Ms. S. Patra, Central Government Counsel
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
3.5.2023
Order No.
06. 1. The matter is taken up through hybrid mode.
2. Heard Ms. D. Mohapatra, learned counsel for the claimant -
Appellants and Ms. S. Patra, learned Central Government Counsel for
Respondent - Union of India.
3. Present appeal by the claimants is directed against impugned
judgment dated 12th May, 2014 of the Members (Judicial &
Technical), Railway Claims Tribunal, Bhubaneswar Bench,
Bhubaneswar passed in OA/IIU/BBS2007/0261, wherein the tribunal
has refused to grant any compensation by disbelieving the case of the
claimants.
4. The travelling of deceased in Coach No.S-11 of Konark
Express train No.1019 on 9th December, 2006 is not disputed. He was
shifted in an unconscious state from the train to the hospital at Tuni
Railway Station in Andhra Pradesh. The deceased lost his sense in the
train and as such was removed to the hospital by railway personnels.
He died in the hospital.
5. The cause of death as per post mortem examination report is
due to cardiac respiratory failure. This is also admitted by the parties.
6. It is stated by the applicants that the deceased moved from
Surat to Berhampur on 8th December, 2006 in Navajeevan Express
train No.2655. On 9th December, 2006 he alighted at Vijayawada and
boarded in Konark Express Train No.1019 for Berhampur. While
entraining Konark Express the deceased developed breathing issues
due to rush and commotion at the door of train and platform. He was
trampled. As there was no place to stand even in general coach, he
entered into reserved Coach No.S-11 of Konark Express with the
permission of concerned Ticket Examiner. But on the way the
deceased being found senseless was shifted to hospital from the train
at Tuni railway station. So it is claimed by the applicants that the
deceased died due to an untoward incident while travelling in Konark
Express.
7. The co-passenger of the deceased was examined as A.W.2 by
the claimants to substantiate their stance. On the other hand, railways
dispute such death of the deceased involving any untoward incident
and according to them, the death is in natural course due to disease.
8. On the backdrop of such rival contentions advanced, the issue
falls for determination is that, whether the claimants have successfully
established their case regarding breathing issues developed by the
deceased due to rush & trampling at Vijayawada railway station while
entrained in Konark Express ?
R.W.1 is the concerned Ticket Examiner of Konark Express
who straight away denies about any rush, commotion or incident of
trampling at Vijayawada station. He further says that the deceased
entered into S-11 Coach without his permission and without any
reservation.
9. As per the claimants, the deceased was a hale and hearty person
aged about 30 years. He was a normal man without having any history
of ailment or ill-health. It is opined so since no material has been
brought on record to suggest any prior health issue of the deceased.
Further, the cause of death does not link to any previous health issue
of the deceased.
10. Admittedly the deceased was boarded in S-11 Coach, a reserved
Coach wherefrom he was taken to hospital by railway personnel. The
statement of R.W.1, who was the ticket examiner, is found
unbelievable since Vijayawada to Tuni Railway Station has a
considerable distance and it is unexpectable on the part of a ticket
examiner to skip someone who entered into a reserved coach
unauthorisedly and remained without being noticed for such a long
distance.
So far as the statement of A.W.2 is concerned that the deceased
developed breathing issues at Vijayawada station while boarding
Konark Express, the same is not rebutted by railways with substance.
The date of occurrence was the previous day of Holi festival and it is
within common knowledge that during such festive days how trains in
India are packed with rushes. Since the cause of death opined by the
post mortem examining doctor does not suggest anything adverse
about the normal health condition of the deceased, the statement of
A.W.2 with regard to sudden development of breathing issues by the
deceased at Vijayawada station cannot be denied as false one.
Thus, a through and cumulative analysis of all such
circumstances satisfies the case of claimants regarding death of the
deceased concerning untoward incident. As such the claimants, who
are wife and minor children of the deceased, are found entitled for
compensation as per scheduled amount.
11. In the result the appeal is allowed and in terms of the principles
decided in the case of Union of india Vs- Rina Devi, (2019) 3 SCC
572, the Respondent - Union of India is directed to pay compensation
of Rs.4,00,000/- (four lakhs) to the claimant - Appellants along with
interest @ 6% per annum from the date of accident or Rs.8,00,000/-,
whichever is higher, within a period of four months from today. The
entire compensation amount including interest shall be disbursed in
favour of all the Appellants by keeping 50% of shares fall due to each
Appellant in fixed deposit in their names in any Nationalized bank, as
per choice of the Appellants, for a period of six years.
12. The copies of evidences and other documents as produced by
Ms. D. Mahapatra in course of hearing are kept on record.
13. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
MANAS Digitally signed by
MANAS KUMAR
KUMAR PANDA
Date: 2023.05.04
PANDA 11:42:15 +05'30'
