Allowed

Bira Pradhan v. Union of India

Orissa HC25 Jul 2023FAO/529/2020

Case brief

AI extract

What is this about?

The High Court of Orissa set aside the Railway Claims Tribunal's refusal of compensation, holding that injuries and circumstantial evidence supported the version of a fatal fall from a moving train. The appeal was allowed, and the Union of India was directed to pay Rs. 8,00,000 to the parents of the deceased.

What did the court decide?

Compensation of Rs. 8,00,000 along with interest at 6% per annum from the date of accident directed to be paid by the Respondent.

Bira Pradhan Vs Union of India — Civil Procedure and Limitation | Orissa HC (2023)

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Signature Not Verified

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Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 28-Jul-2023 13:00:48

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IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.529 of 2020

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Bira Pradhan & Anr.

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…. Appellants Mr.K.K.Das, Advocate

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-versus-

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Union of India

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…. Respondent Ms.S.Patro, CGC

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CORAM:

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SHRI JUSTICE B. P. ROUTRAY

ORDER

24.07.2023

Order No.

The matter is taken up through hybrid mode

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Heard Mr. Das, learned counsel for the claimant-Appellant and Mrs. Patro, learned Central Government Counsel for the RespondentUnion of India.

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Present appeal by the claimants is directed against impugned judgment dated 9^th January 2020 passed by Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar in O.A.(IIU) 319 of 2016, wherein learned Tribunal has refused to grant any compensation in favour of the claimants by disbelieving their case.

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The case of the Claimant is that their son namely, Santosh Kumar Pradhan, the deceased, while travelling in Palasa-Paradeep passenger train from Kalupara Ghat to Bhubaneswar, fell down from running train due to commotion in the compartment near Mausi Maa Over bridge and died at the spot. A journey ticket was produced in support of train journey of the deceased.

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Signature Not Verified

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Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 28-Jul-2023 13:00:48

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The admitted case remains that the dead body of the deceased was recovered from the railway track, which was severed into two parts from chest. Bhubaneswar GRP UD Case No. 23 dated 25^th April 2016 was registered on the same day and dead body was sent for postmortem examination. During post-mortem examination, along with crushed injury at the upper abdomen, fracture injuries and grazed abrasions were also found on different parts of the body on both upper and lower limbs. As per the opinion recorded in the inquest report the deceased died due to fall from running train. The post-mortem doctor opined that the injuries are consistent with railway run over.

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One witness each from the side of the Claimants as well as railways was examined. A.W.1 is the mother of the deceased and R.W.1 is a RTF personnel.

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The Tribunal disbelieved the contention of Claimants by stating that the journey ticket shown to have been seized by the police has been implanted subsequently and further, cutting of the dead body into two pieces is only possible due to suicidal run over by the train.

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As seen from the nature of injuries found on the dead body of the deceased, as described in the post-mortem report as well as the inquest report, the same are not inconsistent with the story of fall from running train. The journey ticket seized by police and produced from the side of the Claimants is never disputed. The reasons stated by learned Tribunal to disbelieve the contentions of the Claimants are found pure conjectures and surmises without any substance and evidence produced by the railways. It is not always true to opine that the dead body will be severed into two parts in suicidal run over only. In such cases where the nature of injuries found on the dead body are

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Signature Not Verified

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Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 28-Jul-2023 13:00:48

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including grazed abrasions and fracture injuries, the possibility of fall from running train cannot be ruled out. So in the circumstances of present case when the journey ticket of the deceased is produced and the other circumstances are in support of the contention of the Claimants that the deceased was travelling in the train from Kalupada Ghat to Bhubaneswar, his death due to fall from running train is found established on record. As such, the findings of the Tribunal to the contrary are set aside.

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In the result, the impugned award is set aside and the appeal is allowed. The Appellant-claimant being the parents of the deceased are entitled for compensation as per the scheduled amount. Accordingly, Respondent-Union of India is directed to pay compensation of Rs.4,00,000/- along with interest @6% per annum form the date of accident or Rs.8,00,000/-, whichever is higher, within a period of four months from today, which shall be disbursed in favour of the Claimants–Appellants in equal proportion keeping 50% of the shares fall due to each of the Claimants in fixed deposits in any nationalized bank separately for a period of six years.

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The copies of depositions and documents as produced by Mr.Das in course of hearing are kept on record.

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An urgent certified copy of this order be granted on proper application.

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( B.P. Routray)

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Judge

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S.Das

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Bira Pradhan v. Union of India

Case brief

What is this about?

What did the court decide?

Bira Pradhan v. Union of India

Case brief

What is this about?

What did the court decide?

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