Union Of India vs Subal Lenka @ Bhaba & Anr

B. P. Routray, J

The matter is taken up through hybrid mode.

Heard Mr. Panda, learned counsel for the Appellant-Union of India and Mr. Panigrahi, learned counsel for the Claimant-Respondents.

Both the appeals being arise out of the same judgment dated 5th November, 2019 passed by Railway Claims Tribunal, Bhubaneswar in O.A. No. 89 of 2015, wherein compensation to the tune of Rs.8,00,000/- has been granted along with interest @ 6 % per annum to the claimants from the date of filing of the claim application on account of death of the deceased on 28th August, 2015, are heard together and disposed of by this common order.

FAO No. 136 of 2020 has been filed by the railways challenging the award on the ground that the death of deceased is not in any untoward incident but by suicide.

FAO No. 378 of 2020 has been preferred by the Claimants challenging the direction of the Tribunal keeping 90% of the amount in fixed deposit.

The case of the Claimants is that the deceased while travelling from Trisur to Bhubaneswar in Chennai-Howrah Coromondal Express train fell down accidentally near Tapanga Railway Station and died on the spot. A general class ticket bearing No. 143157490 dated 28th August, 2015 was produced by the Claimants in support of the journey of the deceased in Chennai-Howrah Express train. The Appellant has not disputed genuiness of the ticket produced by the Claimants. The dead body was found on platform No.1 discovered by the sweeper in early morning hour on 30th August, 2015.

The railways did not adduce any evidence except producing the statutory report of the DRM.

The contentions advanced on behalf of the Railways that the deceased died by suicide is based on the finding recorded in the final report of the police in Khordha Road GRPS UD Case No. 19 of 2015. This finding of the police recorded in the inquiry report is based on the presumption that since the deceased was involved in a criminal case he might have committed suicide. This finding of the police recorded in the inquiry report being based on no facts but on suspicion and presumption only, no reliance can be placed on the same to opine in support of the contentions of the Railways that the deceased committed suicide. In the circumstances as discussed above including the opinion of the post-mortem examining doctor, the Tribunal has rightly concluded holding death of the deceased by fall from running train. This court confirms said finding of the Tribunal and it is held that the Claimants have satisfactorily established their case regarding death of the deceased in an untoward incident. So no merit is seen in favour of the railways to interfere with the award.

In the result, the appeal in FAO No. 136 of 2020 filed by the Railways is dismissed. FAO No. 378 of 2020 filed by the Claimants is disposed of with a direction to the Respondent (Union of India) to deposit the entire compensation amount as per direction of the Tribunal within a period of four months from today, which shall be disbursed in favour of the Claimants on equal proportion by keeping 50% of the share fall due to each of the Claimant in fixed deposit in any Nationalized Bank for a period of six years.

Urgent certified copy of this order be granted on proper application.

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