High Court of Orissa allowed the appeal, setting aside the Tribunal's refusal of compensation. The Court held the claimant's evidence of falling due to a train jerk preponderates over presumptions of self-injury, awarding Rs. 2,00,000/- plus interest.
Compensation of Rs. 2,00,000/- with 6% p.a. interest directed to be paid within 4 months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Signature Not Verified
Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 18-Jul-2023 16:50:31
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.170 of 2020
Soumya Ranjan Behera
…. Appellant
Ms.D.Mohapatra, Advocate
-versus-
Union of India
…. Respondent
Mrs. B.Tripathy, CGC
CORAM:
SHRI JUSTICE B. P. ROUTRAY
ORDER 13.07.2023
Order No.
Page 1 of 3
Signature Not Verified
Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 18-Jul-2023 16:50:31
November 2016, he fell down at Kenduapada station due to sudden jerk and commotion inside the compartment. The Respondent though do not deny his journey, but stated on presumption that the injured jumped from running train at Kenduapada station since his residence is nearer to that. Learned Tribunal based on such presumption given the statutory report of the DRM concluded that the injured sustained injuries by self-infliction.
Page 2 of 3
Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 18-Jul-2023 16:50:31
Accordingly, he is found entitled to compensation as per scheduled amount.
S.Das
( B.P. Routray) Judge
Page 3 of 3
3 issues framed by the court
Whether the evidence sufficiently establishes that the claimant's injury was accidental rather than self-inflicted.
Whether the Railway Claims Tribunal erred in rejecting the claimant's evidence in favor of statutory presumptions.
Whether the appellant is entitled to compensation under the Railway Act for the accidental injury sustained.
Soumya Ranjan Behera
Union of India
B. P. Routray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
