Biranchi Nayak And Another vs Union Of India And Another
2023 Latest Caselaw 14154 Ori

Signature Not Verified
Digitally Signed                       IN THE HIGH COURT OF ORISSA AT CUTTACK
Signed by: CHITTA RANJAN BISWAL
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 16-Nov-2023 16:45:26                          FAO No.56 of 2022

                             Biranchi Nayak and another                ....        Appellants
                                                             Ms.Deepali Mohapatra, Advocate

                                                          -versus-

                             Union of India and another                 ....      Respondents
                                                                             Ms.S.Patra, CGC


                                         CORAM:
                                         JUSTICE B. P. ROUTRAY

                                                        ORDER

10.11.2023 Order No.

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

2. Heard Ms. Mohapatra, learned counsel for Appellants and Ms. Patra, learned Central Government Counsel for the Respondents-Railways.

3. Present appeal by the claimants is directed against the judgment dated 27th January 2022 passed by the Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar, in Case No. OA(IIU)/193/2017, wherein the Tribunal has refused to grant any compensation by disbelieving the case of the claimants.

4. The case of the claimants is that, while their son, the deceased Jitendra Nayak was travelling in Tapaswini Express Train No.18452 on 21st April 2017 from Bhubaneswar to Sambalpur, fell down from the running train near Jujumara Railway Station in an untoward incident. Concerning his death, Jujumara Police Station U.D. Case was registered and police

Signature Not Verified Digitally Signed submitted the inquiry report stating the cause of death due to Signed by: CHITTA RANJAN BISWAL Reason: Authentication accidental fall from the running train.

Location: Orissa High Court, Cuttack Date: 16-Nov-2023 16:45:26

5. The claimants examined two witnesses Viz. A.W.1 and A.W.2 in support of their case and adduced the documents like inquest report, postmortem examination report, final report of the police etc.

6. The railways denied the claim and adduced one witness Viz. R.W.1 to support their stand and they also relied on the statutory report of the DRM and other police papers. The admitted fact remains that the dead body of the deceased was recovered from middle of the railway track at KM No.37/2-3 between Jujumara and Hatibari Railway Station in the same night by the Loco Pilot of another train. According to the postmortem report, the cause of death is due to such external and internal injuries over the head and other body parts due to hard and blunt force impact. As seen from the police inquiry report, the police have concluded that the cause of death is due to accidental fall from the running train and of course the opinion of the doctor recorded in the postmortem examination supports the claim. It is thus concluded that the cause of death of the deceased is of such nature consistent with accidental fall from the running train.

7. The evidence of A.W.2 speaks that he had been with the deceased to Bhubaneswar Railway Station and saw him purchasing the journey ticket before boarding the train. The evidence of A.W.2 coupled with the circumstances regarding recovery of the dead body of the deceased from the railway track justifies the fact of journey of the deceased in Tapaswini Express.

Signature Not Verified Digitally Signed Admittedly, no journey ticket could be recovered from the Signed by: CHITTA RANJAN BISWAL Reason: Authentication possession of the dead body of the deceased. But the same does Location: Orissa High Court, Cuttack Date: 16-Nov-2023 16:45:26 not mean that the deceased was not a bona fide passenger of the train. It is the consistent case of the claimants that the journey ticket was lost in course of the incident. So keeping in view the other circumstances regarding recovery of the dead body from the railway track, the cause of death and the police inquiry report as well as other materials, it is concluded that the death of the deceased is concerning an untoward incident while he was travelling in Tapaswini Express on the given date. Accordingly, it is found that the claimants have successfully established their case regarding death of the deceased in an untoward incident. The claimants being the parents of the deceased are thus found entitled for compensation as per the scheduled amount.

8. In the result, the appeal is allowed and the impugned award is set aside. The Respondent-Union of India is directed to pay compensation of Rs.8,00,000/- (Eight lakhs) along with interest @6% per annum from the date of accident within a period of four months from today, where-after the same shall be disbursed in favour of the claimants by keeping 50% of their shares in fixed deposits separately in their names respectively in any Nationalized bank for a period of five years.

9. Urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge C.R.Biswal.