Orissa High Court
Madhabika Das And Others vs Union Of India on 8 September, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.44 of 2019
Madhabika Das and others .... Appellants
Mr. P.C. Kar, Advocate
-versus-
Union of India .... Respondent
Mr. B.K. Padhi, C.G.C. for Union of India
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
08.09.2023
Order No.
08. 1. Heard Mr. P.C. Kar, learned counsel for the Appellants-
claimants and Mr. B.K. Padhi, learned C.G.C. for Union of India-
Respondent.
2. Present appeal by the claimants is directed against judgment
dated 10.12.2018 passed in O.A. No.132 of 2015 by the Railway
Claims Tribunal, Bhubaneswar Bench, Bhubaneswar, wherein
learned Tribunal has refused to grant any compensation by
disbelieving the case of the claimants.
3. The case of the claimants is that, the deceased was working at
Ludhiana as a Carpenter. On 13.7.2012, he travelled to Ludhiana
from Bhubaneswar in Hirakud Express Train with valid journey
Ticket No.008502371 and PNR No.611-1306490. While
travelling in the train, he accidentally fell down near Damoh
(M.P.) Railway Station at KM No.1126/26 on 14.7.2012. His
dead-body was noticed lying near the track with head decapitated.
Sager GRPS U.D. Case No.34/2012 was registered by local GRP,
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 08-Sep-2023 17:06:07
inquest was held and the dead-body was sent for post-mortem
examination.
4. The claimants examined two witnesses on their behalf and
adduced the copies of Police papers prepared in the U.D. Case,
and the journey ticket in support of their contention. The railways
did not examine any witness and only filed the copy of DRM's
statutory report on their behalf.
5. Learned Tribunal disbelieved the case of claimants holding that
severance of head simplicitor cannot be possible in accidental fall
from running train and therefore, denied compensation to the
claimants.
6. The facts of recovery of the dead-body from railway track with
head decapitated from the body remains undisputed. As per post-
mortem report, the cause of death is cardio respiratory shock due
to injury to the head and neck. It is important to note here that
according to the post-mortem report, no other injury was noticed
on the dead-body except severance of head from the body.
Admittedly, the dead-body was found in Platform No.2 on
15.7.2012 and as per the railway records, Hirakud Express
crossed Damoh Railway Station through Platform No.1 on
14.7.2012. Therefore, the circumstances with regard to finding of
the dead-body in Platform No.2 without any other injury on the
dead-body do not support the contention of the claimants
regarding accidental fall of the deceased from Hirakud Express.
Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 08-Sep-2023 17:06:07
7. No direct witness is there to the alleged incident. A.W.2 has
though stated that he saw the deceased boarded in Hirakud
Express on 13.7.2012 along with others, but his evidence is
insufficient to sustain the contention of claimants regarding fall of
the deceased from the running train. What is important to see is
the circumstances in absence of any direct evidence in order to
bring the case within the ambit of an untoward incident under
Section 123 (c) of the Railways Act. Having a valid journey
ticket, though the same is denied by the Railways in the present
case, is not enough to satisfy the contentions about death in any
untoward incident. Therefore, keeping in view the circumstances,
particularly absence of any injury other than severance of head,
and recovery of the dead-body from another Platform than the
Platform through which Hirakud Express passed, the contentions
of the claimants regarding death of the deceased in any untoward
incident is not established. As such, I do not see any infirmity in
the conclusion of learned Tribunal to reject the claim application.
8. In view of the discussions made above, the appeal is dismissed.
( B.P. Routray)
Judge
B.K. Barik
Signature Not Verified
Digitally Signed
Signed by: BASANTA KUMAR BARIK
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 08-Sep-2023 17:06:07
