Orissa High Court
Mira Barik And Another vs Union Of India on 5 August, 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
Date: 06-Aug-2024 17:11:39 FAO No.166 of 2021
Mira Barik and another .... Appellants
Ms.Deepali Mohapatra, Advocate
-versus-
Union of India .... Respondent
Mr.G.Mohanty, CGC
CORAM:
JUSTICE B. P. ROUTRAY
ORDER
5.8.2024 Order No.
2. 1. The matter is taken up through Hybrid mode.
2. Heard Ms. Mohapatra, learned counsel for Appellants and Mr.Mohanty, learned Central Government Counsel for Respondent-Railways.
3. Present appeal by the claimants is directed against the judgment dated 3rd May 2021 passed by Railway Claims Tribunal, Bhubaneswar Bench in Case No. OA(IIU)/51/2018, wherein the Tribunal has refused to grant any compensation by disbelieving claimants' case.
Page 1 of 5 Signature Not Verified Digitally Signed 4. The case of claimants is that, when the deceased Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack Date: 06-Aug-2024 17:11:39 namely, Kaibalaya Barik was travelling in Shalimar Superfast Express Train from Palakkad to Berhampur on 22nd April 2016, accidentally fell down from the running train between Kothavalsa and Kantakpalli, and died. In support of their claim, they examined two witnesses Viz. AW 1 & AW 2 and adduced various documents including police report.
5. On the other hand, the Railways denied the claim disputing death of the deceased in any untoward incident. They have examined one witness Viz. RW 1 and adduced statutory report of the DRM as well as other documents.
6. The admitted fact remains that the dead body of the deceased was first noticed by the Loco Pilot of a Mail Express, lying in the down line at KM No.850/2-4 between Kothavalsa and Kantakpalli Railway Station at 06.55 hours. He immediately reported the matter to the Station Superintendent of Kantakpalli Railway Station. Local GRPS was informed and police started the inquiry. The dead body was sent for postmortem examination. According to the opinion of the doctor in the postmortem examination, the deceased sustained multiple external injuries as well as internal injuries including abrasions, fractures, head injury and other injuries.
Page 2 of 5Signature Not Verified Digitally Signed 7. The Tribunal did not believe the statement of A.W. 2 Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack Date: 06-Aug-2024 17:11:39 and rejected the claim holding that no one was eyewitness either to the occurrence or boarding of the deceased in the train.
8. It is true that the dead body was lying in the down line and first noticed by the Loco Pilot of a Mail Train in the early morning hours on 22nd April 2016. Nobody has seen the deceased falling from the running train. It is also true that nobody has seen the deceased trespassing the railway track or otherwise coming in front of the train. When the dead body of the deceased was found lying in injured condition with sustenance of such injuries on his body and it is the consistent statement of A.W. 2 that the deceased was travelling in Shalimar Superfast Express Train from Palakkad to Berhampur, the same cannot be brushed aside for only ground that he did not see the deceased boarded in the train. His evidence is to the effect that he accompanied to the deceased up to the railway station and the deceased after entering into the station had purchased the ticket. This part of the evidence of A.W.2 that he saw the deceased purchasing the ticket for traveling in Shalimar Express is not rebutted either by specific evidence or by production of contrary evidence. It is important to note here that the deceased is a resident in the district of Ganjam, Odisha and was working at Palakkad, Kerala as per the statement Page 3 of 5 Signature Not Verified Digitally Signed of witnesses. His dead body was found in between Kothavalsa Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack Date: 06-Aug-2024 17:11:39 and Kantakpalli Railway Station lying on the middle track that fall on the way from Palakkad to Berhampur. So, presence of the deceased at the spot of accident cannot be otherwise connected than travelling in train. If the statement of A.W. 2 is taken into account, the travelling of deceased in Shalimar Express Train on the given date cannot be disbelieved. Therefore, the story of fall from the running train, as claimed by the applicants, is found established from the evidences and materials brought on record. So, the claim of Appellants that the deceased died by accidental fall from the running train while travelling in Shalimar Superfast Express is established, involving the death in an untoward incident. The claimants being the wife and daughter of the deceased are thus entitled for compensation amount as per schedule.
9. Accordingly, 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 Rs.8,00,000/- (eight lakhs), whichever is higher amount, in terms of the decision rendered in the case of Union of India vs- Rina Devi, (2019) 3 Page 4 of 5 Signature Not Verified Digitally Signed SCC 572, within a period of four months from today, where-after Signed by: CHITTA RANJAN BISWAL Reason: Authentication Location: Orissa High Court, Cuttack Date: 06-Aug-2024 17:11:39 the same shall be disbursed in favour of the claimants in equally on such terms and proportion to be decided by learned Tribunal.
10. Copies of the evidences and documents as produced by Ms.Mohapatra 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 Page 5 of 5