IN THE HIGH COURT OF ORISSA AT CUTTACK

FAO No.297 of 2022

Smt. Sukanti Naik and Others …. Appellants
Ms. Deepali Mohapatra, Advocate
-versus-
Union of India, represented through its
General Manager, East Coast Railway,
Bhubaneswar ….
Respondents
Mr. M.K. Pradhan, Central Government Counsel
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER
22.9.2023
Order No.
05. 1. The matter is taken up through hybrid mode.

2. Heard Ms. D. Mohapatra, learned counsel for claimant –

Appellants and Mr. M.K. Pradhan, learned Central Government
Counsel.

3. Present appeal by the claimants is directed against the

impugned judgment dated 4th May 2022 of learned Member
(Technical), Railway Claims Tribunal, Bhubaneswar Bench,
Bhubaneswar passed in OA No.(IIU)/146 of 2019, wherein the
tribunal has refused to grant any compensation by disbelieving the
death of deceased in any untoward incident.

4. The case of the claimants is that, they are widow and minor
children of Sarat Chandra Naik (the deceased), who died in an
untoward incident while travelling in Howrah-YPR express train on
17th July 2019 from Howrah to Visakhapatnam. The deceased was
travelling along with one Sudhir Tripathy (A.W.2). He fell down
accidentally from running train between Alamanda and Kantakapalli
railway station at KM No.837/12-14.

5. The claimants have examined two witnesses Viz. A.W.1 and

A.W.2 on their behalf and also produced the copies of police
investigation report and other documents including the journey ticket
in support of their case.

6. The Railways denied the claim and examined one witness Viz.
R.W.1, who is a RPF personnel. They also relied on the statutory
report prepared by the DRM.

7. The admitted case of the parties is that, the dead body of the
deceased was recovered lying near the track at KM No.837/12-14 on
21st July, 2019 by the on-duty key man and the same was intimated to
local P.S. Accordingly Vizianagaram GRPS UD Case No.87 of 2019
was registered and the enquiry report was submitted.

8. As per the evidence of A.W.2, he travelled along with the

deceased in Howrah-YPR express train by purchasing valid tickets on
17th July 2019. The deceased was found missing from the train on 18 th
July 2019 and such fact was intimated by A.W.2 to his family
members. Ultimately the dead body of the deceased was found on 21 st
July 2019 and the journey ticket was produced by A.W.2 at the time
of inquest. This part of evidence of A.W.2 is not rebutted. Rather
R.W.1 has admitted about production of journey ticket. This R.W.1
did not have any direct knowledge about the incident. Further, as per
the inquest report and the post mortem examination report the
deceased sustained head injuries and injury to lungs consistent with
fall from running train. The police upon completion of enquiry

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submitted its report stating that the deceased died due to fall from
running train while travelling from Howrah to Visakhpatnam.

9. The tribunal did not believe the case of the claimants. It

disbelieved the version of A.W.2. But when the recovery of the dead
body with such injuries near the track is admitted, no reason is found
to disbelieve the version of A.W.2. Moreover, in support of his
journey along with the deceased in the train, A.W.2 has produced two
second class journey tickets at the time of inquest of the dead body.
Therefore in the attending circumstances, the version of A.W.2
regarding death of the deceased due to fall from running train cannot
be disbelieved. Consequently, the death of deceased involving an
untoward incident is established and the claimants being the widow
and children of the deceased are found entitled for compensation
accordingly as per scheduled amount.

10. 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.8,00,000/- (eight lakhs) to the claimants –
Appellants along with interest @ 6% per annum from the date of
filing of the claim application, within a period of four months from
today. The entire compensation shall be disbursed in favour of the
claimants by keeping 50% of the share fall due to Appellant No.1
(Smt. Sukanti Naik) in fixed deposit in her name in any Nationalized
bank for a period of five years and total amounts fall due to the shares
of minor Appellants 2, 3 & 4 (Alok Naik, Subhadra Naik and Dipak
Naik) shall be kept in fixed deposits in their names in any
Nationalized Bank till they attain majority or for a period of five
years, whichever is later.

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 11. The copies of depositions and exhibits as produced by Ms. D.
Mahapatra in course of hearing are kept on record.

12. An urgent certified copy of this order be issued as per rules.

( B.P. Routray)
Judge
M.K.Panda

Signature Not Verified

Digitally Signed
Signed by: MANAS KUMAR PANDA
Designation: Senior Steno
Reason: Authentication
Location: OHC, Cuttack
Date: 25-Sep-2023 18:13:39 Page 4 of 4