Orissa High Court
Manimala Dutta & Ors vs Union Of India on 18 October, 2023
Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 19-Oct-2023 18:51:09
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.50 of 2020
Manimala Dutta & Ors. .... Appellants
Ms.D.Mohapatra, Advocate
-versus-
Union of India .... Respondents
Ms.S.Patra, CGC
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
18.10.2023
Order No.
04. 1. The matter is taken up through hybrid mode
2. Heard Ms. Mohapatra, learned counsel for the claimant-
Appellants and Ms.Patra, learned Central Government Counsel for the
Respondents- Union of India.
3. Present appeal by the claimants is directed against impugned
judgment dated 6th November, 2019 passed by the Railway Claims
Tribunal, Bhubaneswar Bench, Bhubaneswar in O.A.(IIU)/ 2016/135,
wherein learned Tribunal has refused to grant any compensation in
favour of the claimants by disbelieving thier case.
4. According to the Claimants, the deceased namely, Pradip Dutta
while travelling in Falaknama Express train on 22nd February 2016
from Berhampur to Kharagpur died due to accidental fall from
running train.
5. The admitted case is that the dead body of the deceased was
recovered from Mahanadi river under the railway bridge at KM No.
Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 19-Oct-2023 18:51:09
505/12-14 on 23rd February, 2016 by the ASI of Jagatpur police
station. Accordingly, Cuttack GRP UD Case No. 13 of 2016 was
registered. The inquest was held and dead body was sent for post-
mortem examination. Accordingly to the post-mortem examination
report, the injuries sustained are by hard and blunt trauma and the
cause of death is due to complication on vertebra spinal injury.
6. The Claimants examined one witness, who is Applicant No.2
and son of the deceased. The railways did not examine any witness on
their part and both parties adduced the police papers as well as
statutory report of the DRM respectively.
7. Admittedly, A.W.1 is not a witness having direct knowledge
about the occurrence nor did he see the deceased travelling in the
train. The Claimants did not examine any witness in support of their
case to state about anything regarding travel of the deceased in the
train or purchasing ticket by him from the station at Berhampur.
Though it is mentioned in the police inquiry report that one ticket
bearing No. 0618023 dated 22nd February 2016 was produced
regarding journey of the deceased in the train, but perusal of the
inquest report does not reveal so. The inquest report does not speak of
seizure of anything except the wearing apparel of the deceased along
with one bead necklace. Neither copy of the journey ticket nor the
seizure list could be produced by the Claimants in course of hearing
before the Tribunal. In such circumstances, keeping in view the place
of recovery of the dead body and the nature of injuries sustained by
the deceased, it cannot be concluded that the death of the deceased
was due to fall from running train, and in absence of any material to
satisfy valid journey of the deceased in the train in question he cannot
Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 19-Oct-2023 18:51:09
be stated as a bona fide passenger of the train. Accordingly, the
findings of the Tribunal to disbelieve the case of the Claimants are
confirmed.
8. In the result, the appeal is dismissed.
9. The copies of the evidences and other documents produced by
Ms. Mahapatra in course of hearing are kept on record.
10. An urgent certified copy of this order be granted on proper
application.
( B.P. Routray)
Judge
S.Das
