Kanika Chatar & Ors vs Union Of India
2023 Latest Caselaw 6083 Ori

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Designation: Jr. Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 17-May-2023 17:03:59




                                              IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                            FAO No.934 of 2019
                                   Kanika Chatar & Ors.                          ....          Appellants
                                                                             Ms.D.Mahapatra, Advocate
                                                                  -versus-
                                   Union of India                                ....         Respondent
                                                                                      Mrs. S.Patra, CGC

                                                  CORAM:
                                                  SHRI JUSTICE B. P. ROUTRAY
                                                                ORDER

16.05.2023 Order No.

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

2. Heard Ms. D. Mahapatra, learned counsel for the claimant- Appellant and Mrs. Patra, learned CGC for the Respondent- Union of India.

3. Present appeal by the claimants is directed against impugned judgment dated 25th September, 2019 passed by the Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar in O.A.(IIU) 78 of 2015, wherein learned Tribunal, by disbelieving the case of the Claimants, has refused to grant any compensation holding that there was no untoward incident.

4. As per the Claimants the deceased while travelling in Barbil- Puri Intercity Express on 13th August, 2014 from Keonjhar to Cuttack accidentally fell down from the running train at Chilikidhara railway

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 17-May-2023 17:03:59

station. The further case of the Claimants is that the journey ticket of the deceased was lost in course of the occurrence.

5. The admitted fact remains that the deceased was seen by the train guard of Barbil-Puri Intercity Express lying on the right side of the railway track in a severely injured condition. The loco-pilot stoped the train upon receipt of information from the train guard and the deceased was immediately shifted through a brake van in the same intercity express to the hospital for treatment where he succumbed to the injuries.

6. The Tribunal disbelieved death of the deceased concerning any untoward incident mainly for the reason that no journey ticket was discovered from possession of the deceased and secondly, the wife of the deceased had allegedly made a statement before the inquiry officer of RPF that he had gone out of the house threatening to commit suicide.

7. So far as the statement of the widow allegedly made before the RPF official is concerned, the same has not been proved on record. Neither the RPF official before whom such statement was made, was examined by the railways, nor any such written record was produced by the railways. A.W.1, the father of the deceased has denied any such statement or threatening given by the deceased. Rather as seen from the evidence of A.W.2, he has seen the deceased travelling in said train. Here the most important circumstances are that the deceased was admittedly seen lying besides the railway track by the train guard while same train was passing on the track. This means the injuries sustained by the deceased, as noticed immediately by the train guard, were fresh and he was taken to the hospital alive. As per the PM

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 17-May-2023 17:03:59

report, nature of such injuries is consistent with fall from running train. Therefore, the circumstances speak in favour of the Claimants about sustenance of injuries by the deceased due to fall from running train.

8. Regarding absence of journey ticket, in view of the circumstances discussed above the same is found immaterial for the purpose. Further, it is settled that mere absence of production of journey ticket would not negate bona-fideness of the deceased as a valid passenger of the train particularly when the circumstances justify in support of the same.

9. In view of the discussion made above, it is concluded that the Claimants have established their case regarding death of the deceased involving an untoward incident while travelling in Barbil-Puri Intercity Express on 13th August, 2014. The Claimants being the widow and parents of the deceased are thus found entitled for the compensation as per scheduled amount.

10. In the result, the appeal is allowed and the Respondent-Union of India is directed to pay the compensation of Rs.4,00,000/- (four lakhs) along with interest @6% per annum form the date of accident, or Rs.8,00,000/- (eight lakhs), whichever is higher, within a period of four months from today, which shall be disbursed in favour of the Claimants-Appellants in equal proportion by keeping 50% of the shares fall due to each Claimant in fixed deposits in any nationalized bank separately for a period of 6 years.

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 17-May-2023 17:03:59

11. The copies of evidences and documents as produced by Ms. Mahapatra in course of hearing are kept on record.

12. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

S.Das