Orissa High Court
D.Sujata Rao And Others vs Union Of India on 4 January, 2024
Author: B. P. Routray
Bench: B. P. Routray
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 FAO No.57 of 2021
Date: 08-Jan-2024 11:50:22
D.Sujata Rao and others .... Appellants
Mr.Debraj Mohanty, Advocate
-versus-
Union of India .... Respondent
Mr.Bhabani Sankar Rayaguru, CGC
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
04.01.2024
Order No.
9. 1. The matter is taken up through Hybrid mode.
2. Heard Mr.Mohanty, learned counsel for the Appellants
and Mr.Rayaguru, learned Central Government Counsel for the
Union of India.
3. Present appeal by the claimants is directed against
judgment dated 27th November 2019 passed by the Railway
Claims Tribunal, Bhubaneswar Bench in O.A.No.190 of 2016,
wherein the Tribunal has refused to grant any compensation by
disbelieving claimants' case.
4. The case of the claimants is that, the deceased was
travelling in Puri-Ahmedabad Express from Chhatrapur to Raipur
Digitally Signed along with his mother after purchasing a valid journey ticket. He
Signed by: CHITTA RANJAN BISWAL
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 08-Jan-2024 11:50:22 fell down from the running train and died at Chhatrapur Station.
The mother of the deceased has been examined as A.W.1 for the
claimants and in addition to the oral evidence, they have adduced
the copies of the police papers including postmortem examination
report in support of their case.
5. On the other hand, the Railways denied the claim
stating that the deceased died by a goods train and therefore, it is
not correct to say that he died in an untoward incident concerning
Puri-Ahmedabad Express. The Railways examined one witness
Viz. R.W.1 and also relied on the statutory report of the DRM in
support of their case.
6. The undisputed facts remain that the dead body of the
deceased was found in the down line Railway track at Chhatrapur
Railway Station between platform no.1 & 2. The journey ticket
bearing no.72018059 in respect of the journey of the deceased
from Chhatrapur to Raipur has been recovered from the deceased.
Further, Puri-Ahmedabad Express arrived at Raipur Railway
Station at platform no.2 at 21.18 hrs. on the given date i.e. 17th
December 2015, and it departed at 21.20 hrs. In the meantime,
Goods Train no. BDPK/BTAP passed through down line at 21.19
Digitally Signed hrs., and after passing of the trains the dead body of the deceased
Signed by: CHITTA RANJAN BISWAL
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 08-Jan-2024 11:50:22 was noticed lying on the track.
7. It is the evidence of A.W.1, the mother of the deceased
and a co-passenger, that, the deceased after boarded in the train
stood in front of the wash basin near the door, fell down
accidentally due to heavy crowd in the compartment and by that
time Goods Train passed in the down line. This part of the
evidence of A.W.1 could not be rebutted in his cross-examination
though she has been subjected to comprehensive cross-
examination. R.W.1, who was examined on behalf of the
Railways, has admitted that the deceased was dashed by the
goods train.
8. The Tribunal disbelieved the case of the claimants
mainly on the ground that since Puri-Ahmedabad Express was
arrived at platform no.2 and the dead body was found between
platform no.1 & 2 on the down line, therefore, it could not be
possible on the part of the deceased to get injured by falling form
Puri-Ahmedabad Express. But such analysis of the Tribunal to
reach the conclusion that the deceased cannot have fallen from
the express train is not found correct on the face of the evidence
given by A.W.1 that the deceased fell down while standing near
Digitally Signed the door in front of the wash-basin of the train. As stated earlier,
Signed by: CHITTA RANJAN BISWAL
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 08-Jan-2024 11:50:22 such part of evidence of A.W.1 was never rebutted successfully
by the Railways. According to the post-mortem examination
report, the deceased sustained injuries consistent with fall from
running train and it is admitted by the Railways that the death of
the deceased is due to dashing with a Goods Train. So, the
contention of the claimants, particularly the evidence of A.W.1
that the deceased fell down from the door of the running train at
the time of passing through of the goods train in the down line is
found established. Therefore in the circumstances, the contentions
of the claimants regarding death of the deceased in an untoward
incident while travelling in Puri-Ahmedabad Express cannot be
denied. The same is found established in view of the
circumstances discussed and the materials brought on record. The
claimants, who are parents, wife and minor daughter of the
deceased, are thus found entitled for compensation as per the
schedule 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
Digitally Signed Rs.8,00,000/- (eight lakhs), whichever is higher, in favour of the
Signed by: CHITTA RANJAN BISWAL
Reason: Authentication
Location: Orissa High Court, Cuttack
Date: 08-Jan-2024 11:50:22 claimants 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.
10. The copies of evidences and documents, as produced by
Mr.Mohanty 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.
