Union Of India vs Narayan Das And Others
2023 Latest Caselaw 5055 Ori

                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  FAO No.145 of 2019


            Union of India                           ....         Appellant
                                           Mr.K.C.Kar, Senior Panel Counsel


                                         -versus-


            Narayan Das and others                ....     Respondents
                     Mr.K.Panigrahi, Advocate for Respondent Nos.1 to 3

                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                       ORDER

3.5.2023 Order No.

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

2. Heard Mr.Kar, learned Senior Panel Counsel for the Appellant-Union of India and Mr.Panigrahi, learned Advocate for Respondent Nos.1 to 3.

3. Present appeal is directed against impugned judgment dated 16th November, 2018 passed by the Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar, in O.A.No.315 of 2016, wherein compensation to the tune of Rs.8,00,000/- along with interest @9% per annum has been granted on account of death of the deceased in an untoward incident.

4. Mr. Kar submits that in absence of production of journey ticket, the deceased cannot be treated as a bona fide passenger of the train to justify the case of the claimants for compensation.

5. It is seen that the no evidence has been adduced from the side of the Railways, except the statutory report of the DRM, to disprove the case of the claimants. On the other hand, two witnesses were examined from the side of the claimants including A.W.2, an eyewitness to the incident, who was a co-passenger of the deceased.

6. Admittedly, the dead body was found from the Railway track and as per the opinion of postmortem doctor, the death is due to complications arising out of the multiple injuries found on the person of the deceased which are consistent and possible due to fall from the running train. A.W.2, being the co-passenger of the deceased, has narrated, as an eyewitness, regarding fall of the deceased from the running train. His statement made in the evidence has not been rebutted at all. Besides, the police papers are clearly suggesting the death of deceased due to fall from running train i.e. Berhampur-Cuttack Passenger train. As such, no merit is seen in the challenge of the Railways to interfere with the impugned award.

7. Accordingly, the appeal is dismissed.

                                                                  ( B.P. Routray)
                                                                     Judge



CHITTA Digitally   signed
           by CHITTA
RANJAN     RANJAN BISWAL
   C.R.Biswal
           Date: 2023.05.04
BISWAL 17:14:46 +05'30'