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2023 Supreme(Pat) 28

IN THE HIGH COURT OF JUDICATURE AT PATNA
P. B. BAJANTHRI and ARUN KUMAR JHA, JJ.
CWJC No.10062 of 2022
(10.1.2023)
Beena Bhattacharya ... Petitioner
vs.
Union of India & Ors. ... Respondents

Advocates:
For the Petitioner: Mr. Santosh Kumar.
For the Respondents: Mr. Rakesh Kumar Sinha.

Headnote:

Workmen's Compensation Act, 1923 – Section 3(1) – Ex-gratia compensation – Accidental death of husband of petitioner – Husband of petitioner suffered heart attack after accidental fall and injuries are ante-mortem – Death of husband of petitioner might have occurred due to Acute Myocardial Infarction – But same occurred only after husband of petitioner suffered accidental fall – Nowhere it is mentioned anything about nature of injuries suffered by deceased employee to enable his legal heir to claim ex-gratia lump-sum compensation in case death occurred due to accident in course of performance of duties – Government scheme, brought out in Office Memorandum dated 11.09.1998 and modified from time to time, provides payment of ex-gratia lump-sum compensation in certain specified circumstances to Central Government civilian employees who die in harness in performance of their bonafide duties under various circumstances and one such circumstance is that death occurred due to accident in course of performance of duties – Office memorandum regarding ex-gratia lump-sum is part of welfare scheme of government – Respondents directed to pay ex-gratia lump-sum compensation amount to petitioner in accordance with law. (Paras 11 to 15)

Arun Kumar Jha, J.—Heard learned counsel for the petitioner and learned counsel for the respondents-Railways.

2. The present writ petition has been filed claiming the following reliefs:—

“(i) For quashing of Order dated 12.10.2018 passed by the Ld. Judicial Member, the Central Administrative Tribunal, Patna Branch, patna in OA/050/00090/2018, whereby and whereunder the Ld. Tribunal has not found infirmity in the decision dated 14/11/2017 (Annexure-10) issued by the Respondent No.6 for compensation/Ex-gratia payment on account of death of deceased employee/husband of the petitioner have not found it proper to pay compensation to the petitioner under the Workmen Compensation Act.

(ii) For quashing of the consequential letter No. E/207/SS Bhattacharya/Engg/settle/SEE dated 26/12/2018 issued by the Respondent No. 06 (Annexure-12).

(iii) For considering the fact supported by the records that the deceased employee/husband of the Petitioner died in course of his duty, the Report of the Railway Authorities dated 15.06.2016 (Annexure-5), the Rail P.P Maheshkhoot U.D. Case No. 04/16 dated 15/06/2016 (Annexure-4), also the death report issued by the Additional Chief Medical Superintendent, East Central Railway Hospital, Garhara Dated 15/06/2016 (Annexure-5) and the revised order dated issued vide RBE No. 139 of 2016, Letter No. E(W)2016/EG-1/4 New Delhi, Dated 25/11/2016 (Annexure 13).

(iv) For commanding the Respondent No.06 to pay the compensation/Ex gratia payment on account of death of the deceased employee, who died in the performance of their bona fide official duties.

(v) For any other appropriate writ/writs order/s direction/s for which the writ petitioner would be found entitled under the facts and circumstances of the case.

3. The short facts, according to the petitioner, are that the husband of the petitioner namely, Soumendu Bhattacharya while working as Senior Section Engineer (Works/Planning), East Central Railway, Sonepur on 14.06.2016 was deputed along with the Senior Divisional Engineer-2, East Central Railway, Sonepur to participate in CRS Kolkata Inspection at Narayanpur Gauchhari Section scheduled to be held on 15.06.2016. On 15.06.2016, while the husband of the petitioner was performing the technical work at Narayanpur-Gauchhari Section along with other staffs, he suddenly fell down at 7:15 hours and got injured. The Pharmacist of the Railway Hospital immediately gave him the first aid. When his condition deteriorated, he was referred to Civil Hospital, Begusarai from where he was referred to Heart Care Hospital, Begusarai and lastly he was referred to Global Hospital, Begusarai where he succumbed to his injuries during treatment. The petitioner being wife of the late employee lodged an FIR on 15.06.2016 bearing Rail P.P Maheshlhoot U.D. Case No. 04/16 stating therein that her husband was on duty since last night 14.06.2015 and on the next morning in course of his duty, he suddenly fell down and became unconscious and was taken to the Hospital and he died during treatment. The Post Mortem of the husband of the petitioner was conducted on 15.06.2016, which shows that the deceased sustained external injuries followed by Heart and blood clot present inside the left ventricles. A combined Report dated 15.06.2016 has been prepared by the officials concerned of Railway with opinion that the death occurred during the course of performance of railway duty. The husband of the petitioner died in course of his duty of measurement work, when the deceased suddenly fell down on the Railway Track and sustained injuries. The Rail Police after enquiry/investigation of the matter submitted its Final Report on 30.06.2016 before the court of learned Railway Magistrate.

4. The petitioner submitted a representation before the respondents for payment of ex-gratia compensation to the tune of Rs.20 lacs on account of the death of her husband due to accident during course of duty. The respondent no.6 rejected the claim of the petitioner on 14.11.2017

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