Orissa High Court
Sridhar Behera And Another vs Union Of India on 10 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.247 of 2021
Sridhar Behera and Another .... Appellants
Ms. Deepali Mohapatra, Advocate
-versus-
Union of India, represented through its
General Manager, East Coast Railway,
Bhubaneswar ....
Respondents
Mr. B.K. Parhi, Central Government Counsel
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
10.10.2023
Order No.
03. 1. The matter is taken up through hybrid mode.
2. Heard Ms. D. Mohapatra, learned counsel for claimant -
Appellants and Mr. B.K. Parhi, learned Central Government Counsel.
3. Present appeal by the claimants is directed against the
impugned judgment dated 6th August, 2021 of learned Member
(Technical), Railway Claims Tribunal, Bhubaneswar Bench,
Bhubaneswar passed in OA No.(IIU)/39 of 2018, wherein the tribunal
has refused to grant any compensation by disbelieving the death of
deceased in any untoward incident.
4. The facts of the case, according to the claimants, are that, the
deceased while travelling in Train No.18464 from Benguluru to
Khorda on 30th March, 2017 died due to fall from the running train.
5. The claimants examined two witnesses Viz. A.W.1 and A.W.2
on their behalf.
6. The Railways denied the claim and examined one witness Viz.
R.W.1 in support of their case. They also adduced the statutory report
of the DRM to support their case.
7. The admitted fact remains that the dead body of the deceased
namely Santosh Kumar Behera, aged about 32 years, was recovered
on the railway track at KM No.690/0-8 between Nuapara-Pundi
railway station on 1st April, 2017 at about 7 am by the on-duty key
man. Palasa GRPS Crime Case No.61 of 2017 was registered and the
enquiry report was submitted stating death of the deceased due to fall
from the running train.
8. As seen from the copy of the post mortem examination report
the cause of death of the deceased is due to cardio respiratory failure
for such cut injuries found all over the body along with crushed injury
on the head.
9. A.W.1, the mother of the deceased is not a direct witness to the
occurrence or travelling of the deceased in the train. But A.W.2 has
stated that he was travelling along with the deceased in train
No.18464 from Benguluru to Khorda in the same coach. According to
A.W.2, he could not found the deceased at Khorda railway station
though he had seen the deceased at different places during course of
journey in the train. It is the consistent case of the claimants that the
journey ticket was lost in course of the incident.
10. Though the railways have denied the claim of the appellants
regarding death of the deceased in an untoward incident, but it is seen
that R.W.1 did not have any direct knowledge about the incident. Said
R.W.1 is a RPF personnel who subsequently conducted enquiry upon
filing of the claim application. It needs to be mentioned here that the
evidence of A.W.2 as a co-passenger of the deceased in the train is not
rebutted by any material evidence.
11. In the circumstances, when the dead body was recovered from
the railway track having such injuries on the body and the opinion of
the post mortem doctor about the cause of death is found consistent
with the story of fall from the running train, the case of the claimants
regarding death of the deceased by fall while travelling in the train
from Benguluru to Khorda on the given date is found believable as
probable. Mere absence of journey ticket would not disprove the case
of the claimants in the attending circumstances of the case as stated
above. So, considering all such factors including recovery of the dead
body, the opinion of the PM Doctor and evidence of A.W.2, the case
of the claimants is found established that the deceased while travelling
in train No.18464 died due to fall in an untoward incident. As such,
the claimants being the parents of the deceased are found entitled for
compensation as per scheduled amount.
12. 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) to the claimants -
Appellants along with interest @ 6% per annum from the date of
filing of the claim application, within a period of four months from
today. The entire compensation shall be disbursed in favour of both
the claimants by keeping 50% of the share fall due to each Appellant
in fixed deposit in their names in any Nationalized bank for a period
of five years.
13. An urgent certified copy of this order be issued as per rules.
( B.P. Routray)
Judge
M.K.Panda
Signature Not Verified
Digitally Signed
Signed by: MANAS KUMAR PANDA
Designation: Senior Steno
Reason: Authentication
Location: OHC, Cuttack
Date: 13-Oct-2023 16:26:24
