Union Of India vs Lily Polai And Others
2023 Latest Caselaw 13436 Ori

Signature Not Verified                 IN THE HIGH COURT OF ORISSA AT CUTTACK
Digitally Signed
Signed by: CHITTA RANJAN BISWAL
Reason: Authentication                                FAO No.110 of 2019
Location: Orissa High Court, Cuttack
Date: 02-Nov-2023 16:54:29


                              Union of India                              ....        Appellant
                                                                      Mr.A.N.Routray, Advocate

                                                           -versus-


                              Lily Polai and others                    ....       Respondents
                                                       Ms.D.Mohapatra, Advocate for caveator

                                         CORAM:
                                         SHRI JUSTICE B. P. ROUTRAY

                                                          ORDER

31.10.2023

Order No.

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

2. Heard Mr.Routray, learned counsel for the Appellant and Ms.Mahapatra, learned counsel for the Respondents 1 to 4.

3. Present appeal is directed against the impugned judgment dated 27th November, 2018 passed by the Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar in O.A. No.87 of 2014, wherein compensation to the tune of Rs.4,00,000/- along with interest @9% per annum has been granted on account of death of the deceased in an untoward incident.

4. Admittedly, the deceased died on the railway track at Bhubaneswar Railway Station and his dead body was recovered on 4th July 2013. The claimants' case is that the deceased while travelling in Jagannath Express Train from Puri to Howrah died due to accidental Signature Not Verified fall involving untoward incident. The Railways objected the same Digitally Signed Signed by: CHITTA RANJAN stating BISWAL that it is a case of suicide. This is the only dispute raised in the Reason: Authentication Location: Orissa High Court, Cuttack Date: 02-Nov-2023 16:54:29appeal. It is submitted that the death should be treated as suicide and not due to any untoward incident.

5. It is seen that A.W.2 is the co-passenger of the deceased travelling in the same train and she saw the deceased standing near the door due to heavy rush for the occasion of Car Festival at Puri. It is the specific evidence of A.W.2, the eyewitness, that the deceased fell down due to heavy rush in the compartment. No rebuttal material could be produced to counter such version of A.W.2 to opine anything contrary to the evidence of A.W.2. The contention of railways based on the police report that, since the head was separated from the body the death is suicidal in nature, is not found acceptable. The evidence of A.W.2 is clear and unassailable. Keeping in view the other circumstances including place of recovery of the dead-body, the conclusion of learned Tribunal that the death of deceased is due to untoward incident is confirmed.

6. Mr.Routray further submits that the rate of interest granted by the Tribunal is on higher side, which may be reduced to 6%.

7. I do not find any force in such contention of Mr.Routray, learned counsel for the Appellant.

8. In the result, the conclusion arrived at by learned Tribunal is confirmed and the direction for payment of compensation is upheld. The entire compensation amount including the interest shall be deposited within a period of four months from today as per the direction of the learned Tribunal.

9. The appeal is dismissed.

Signature Not Verified

10. Copies of evidence and DRM report as produced by Digitally Signed Signed by: CHITTA RANJAN Ms.Mahapatra BISWAL in course of hearing are kept on record. Reason: Authentication Location: Orissa High Court, Cuttack Date: 02-Nov-2023 16:54:29

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

( B.P. Routray) Judge

C.R.Biswal