Laxman Bahadur Gebrin And Another vs Union Of India
2023 Latest Caselaw 14556 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 17:11:49                          FAO No.167 of 2020

                             Laxman Bahadur Gebrin and another ....          Appellants
                                                       Ms.Deepali Mohapatra, Advocate

                                                          -versus-

                             Union of India                              ....      Respondent
                                                                              Ms.S.Patra, CGC


                                         CORAM:
                                         JUSTICE B. P. ROUTRAY

                                                        ORDER

14.11.2023 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

Respondent-Railways.

3. Present appeal by the claimants is directed against the

judgment dated 6th January, 2020 passed by the Railway Claims

Tribunal, Circuit Bench at Bhubaneswar, in Case No. OA-

IIU/08/2017, wherein the Tribunal has refused to grant any

compensation by disbelieving claimant's case.

4. The case of claimants is that, their son, deceased Tinku

Bahadur Gebrin, while travelling in Dhanbad Allepy Express

Train on 25th October, 2016 from Ex.Rengali to Bargarh Railway

Signature Not Verified Digitally Signed Station, died due to accidental fall from the running train near Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack Date: 16-Nov-2023 17:11:49 Sambalpur-Hirakud Railway Station. The claimants have

examined two witnesses on their behalf Viz. A.W.1 and A.W.2.

Besides the oral evidence, they also relied on copies of police

inquiry report, postmortem report and other documents to support

their case.

5. The railways denied the claim and examined one

witness Viz. R.W.1 on their behalf. They also adduced the copy

of the statutory report of the DRM and other police papers. The

Tribunal upon hearing both parties has rejected the claim stating

that in absence of production of the journey ticket, the death of

the deceased is not concerning any untoward incident and

therefore, they are not entitled to any relief.

6. The admitted case is that, the dead body of the

deceased was lying with decapitated head inside the railway track

at KM No.568/1-2 near L.C. Gate No.JT/27. The dead body was

noticed by the local people in early morning on 26th October

2016. The police registered Sambalpur GRPS U.D. Case

No.62/2016 and submitted the inquiry report stating that the death

is due to accidental fall from the running train. In course of the

police inquiry, the dead body was sent for postmortem

examination and as per opinion of the doctor, the injuries were

Signature Not Verified Digitally Signed ante-mortem in nature and death is caused due to run over of the Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack Date: 16-Nov-2023 17:11:49 train and decapitation. Thus, as seen from the circumstances like

the cause of death and the police inquiry report, the nature of

injuries leading to death of the deceased is found consistent with

fall from running train. The recovery of the dead body from

railway track also fortifies the same.

7. A.W.1 is the mother of the deceased who did not have

any direct knowledge about the occurrence. A.W.2 is a co-

passenger in the same train on the given date. He had prior

acquaintance with the deceased. A.W.2 in his evidence has stated

that on 25th October 2016 when he was travelling from Rengali to

Bargarh in the same train saw the deceased purchasing ticket at

Rengali Railway Station for his journey to Bargarh. According to

A.W.2, he and deceased both travelled in the same train in

different compartments and later he came to know about the

occurrence. He was examined by the police in course of inquiry

and also visited the spot to see the dead body lying there. Upon

going through the evidence of A.W.2, nothing is found to

disbelieve his evidence and moreover, the railways have failed to

bring any rebuttal material thereof. As such, keeping in view the

evidence of A.W.2 and the circumstances like recovery of the

dead body as well as the cause of death and police inquiry report,

Signature Not Verified Digitally Signed it can safely be concluded that the deceased died by fall from the Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack Date: 16-Nov-2023 17:11:49 running train involving an untoward incident.

8. It is true that the journey ticket could not be produced

by the claimants. But non-production of the same would not

disentitle their claim, particularly keeping in view the

circumstances stated above. Here it is to be reminded that

according to the claimants, the journey ticket was lost in course

of the incident. Thus, upon analysis of all such materials brought

on record, it is held that the claimants have successfully

established their case regarding death of the deceased concerning

an untoward incident. As such, they being the parents of the

deceased are found entitled for compensation as per scheduled

amount.

9. 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.4,00,000/- (Four lakhs) along with interest

@ 6% per annum from the date of accident or Rs.8,00,000/- (eight

lakhs), whichever is higher, in terms of the decision rendered in

Union of India vs- Rina Devi, (2019) 3 SCC 572, within a period

of four months from today. The same shall be disbursed in favour

of both the claimants in equal proportion by keeping 50% of their

Signature Not Verified Digitally Signed shares in fixed deposits separately in their names in any Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack Date: 16-Nov-2023 17:11:49 Nationalized bank for a period of five years.

10. The copies of evidences and documents, as produced by

Ms. Mohapatra in course of hearing, are kept on record.

11. Urgent certified copy of this order be granted on proper

application.

( B.P. Routray) Judge

C.R.Biswal.