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IN THE HIGH COURT OF ORISSA
SANJU PANDA, J.
UNION OF INDIA (UOI) — Appellant
Vs.
SANJAY BEHERA — Respondent
F.A.O. NO.425 of 2006
Decided on : 28-08-2008
Railway Claims Tribunal Act - Railway Passenger Injury - Sections 123, 124 - The court discussed the Railway Claims Tribunal Act and its provisions, particularly Sections 123 and 124, which define 'untoward incidents' and govern compensation for railway passenger injuries. The court emphasized the beneficial nature of the Act and the need for a liberal interpretation in favor of the claimant.
Fact of the Case:
The claimant sustained injuries during a railway journey and filed a compensation claim. The railway authorities disputed the claim, alleging that the claimant was not a bona fide passenger and had jumped from the train.
Finding of the Court:
The court upheld the compensation awarded by the Railway Claims Tribunal, considering the claimant's circumstances and the beneficial nature of the Railway Claims Tribunal Act.
Issues: The main issue was whether the claimant was a bona fide passenger with a valid ticket and whether the incident qualified as an 'untoward incident' under the Railways Act.
Ratio Decidendi: The court emphasized the need for a liberal interpretation of the Railway Claims Tribunal Act in favor of the claimant, citing the beneficial nature of the Act and the precedent set by the Supreme Court.
Final Decision: The appeal and cross-appeal were dismissed, affirming the compensation awarded by the Railway Claims Tribunal.
JUDGMENT :
Sanju Panda, J.
This appeal has been filed by the appellant railway authority u/s 23 of Railway Claims Tribunal Act (hereinafter referred to as 'the Act') against the order dated 14.8.2006 passed by the Railway Claims Tribunal, Bhubaneswar in Original Application No.7 of 2003 directing the Railways to pay a compensation of Rs. 2,00,000 (rupees two lakh) to the claimant within 60 days after receipt of this order failing which the interest will be payable at the rate of 4 per cent from the date of order till the date of payment. It further directed that out of the above amount Rs. 1,00,000 shall be kept in fixed deposit in a nationalised bank through the Registry of the Tribunal for a period of two years.
2. The facts of the case are as follows:
The respondent-claimant filed Original Application No. 7 of 2003 before the Railway Claims Tribunal claiming compensation of Rs.3,00,000 towards the injury sustained by him during the railway journey. His case was that on 17.6.2003 at about 9 to 10 a.m. after purchasing a ticket, he boarded 209 Dhenkanal-Puri Passenger train in Kanas Railway Station to get down at Sakhigopal Railway Station. However, the ticket was for journey from Kanas to Malatipatpur Railway Station. As the compartment into which the claimant boarded was overcrowded, he was standing in the compartment just near the door and when the train reached near Birapurusottampur Railway Station, the local passengers tried to get down from the train for which they struggled amongst themselves and somebody pushed the claimant from behind as a result of which he fell down on the railway track through the space between the platform and the train and sustained amputation injury below knee of the right leg, minor injury on the back side of the head and bruises all over his body. After the accident, the claimant was attended by the Railway R.P.F. personnel there and in the same train he was sent to Sakhigopal Railway Station from where, after receiving first aid, he was shifted to S.C.B. Medical College & Hospital, Cuttack. Finally, he was discharged on 14.7.2003 after recovering from his illness. He filed a claim application before the Tribunal on 27.1.2004 claiming compensation of Rs. 3,00,000. After receiving notice, railway authorities appeared and filed their written statement taking a stand that the claimant was not a bona fide passenger of 209 Dhenkanal-Passenger train possessing a valid railway ticket, he jumped from the train under the fear of the train ticket checking staff posted at Birapurusottampur Railway Station and sustained the injuries in question for which the claimant was not entitled to receive the compensation and the documents produced by the claimant were all manufactured ones. On the basis of the pleadings of the parties, the Tribunal framed as many as six issues. In support of his claim, the claimant filed evidence on affidavit stating therein that he boarded 209 Up Dhenkanal-Puri Passenger train at Kanas Railway Station after purchasing the train ticket. He fell down from the running train at Birapurusottampur Railway Station after receiving push from behind and sustained injuries. He also produced railway ticket bearing No. 42535 dated 17.6.2003 issued for journey from Kanas to Malatipatapur Railway Station, discharged medical certificate, injury report, medical bills and evidence on affidavit dated 14.8.2006 of the claimant clarifying the circumstances in which the actual paid train fare of Rs. 8 for journey from Kanas to Malatipatapur was written as "Rs. 6" in the original application coupled with an oral explanation at the time of argument for purchasing the said ticket that the claimant, an illiterate person and in order to board the train which was on the verge of leaving the station handed over a sum of Rs. 8 to the clerk at the booking counter which he had received from his brother-in-law as train fare from Kanas to Sakhigopal and simply asked for a railway ticket under the impression that the
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