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2024 Supreme(Ori) 52
IN THE HIGH COURT OF ORISSA
B.P. Routray, J.
Pemmi Venkataramana & Anr. - Appellants
Versus
Union of India - Respondent
FAO No. 312 of 2020
Decided On : 02-01-2024
Ms. D. Mahapatra, Advocate, for the Appellant; Mr. A.C. Routray, Sr. Panel Counsel, for the Respondent.
IMPORTANT POINT
A bona fide passenger is entitled to compensation for accidental death occurring during travel, regardless of the specific destination indicated on the journey ticket, provided there is sufficient evidence supporting the claim.
Headnote:
COMPENSATION - RAILWAY CLAIMS TRIBUNAL - The court determined that the claimants established their case for compensation due to the accidental death of their son while traveling as a bona fide passenger on a train, despite the Railway Claims Tribunal's initial disbelief based on the journey ticket's destination. The court emphasized that the evidence presented supported the claim of an untoward incident occurring during the journey, leading to the decision to award compensation.
Fact of the Case:
The claimants' son, Pemmi Rambabu, died after falling from the Trichinapalli-Howrah Express while traveling from Visakhapatnam to Palasa on October 5, 2016. The Railway Claims Tribunal denied compensation, doubting the claimants' case.
Finding of the Court:
The court found that the evidence, including witness statements and the recovery of a journey ticket, supported the claim that the deceased was a bona fide passenger and died due to an accidental fall from the train.
Issues: Whether the deceased was a bona fide passenger and entitled to compensation despite the journey ticket indicating a destination before the location of the accident.
Ratio Decidendi: The court held that the mere fact that the journey ticket did not authorize travel beyond Palasa was insufficient to disprove the deceased's status as a bona fide passenger, especially given the supporting evidence of witness A.W.2.
Final Decision: The appeal was allowed, the Tribunal's award was set aside, and the Union of India was directed to pay Rs. 4,00,000/- as compensation, with interest, to the claimants.
JUDGMENT
B.P. Routray, J.
Heard Ms. Mahapatra, learned counsel for the Appellants and Mr.Routray, learned Senior Panel Counsel for the Union of India.
2. Present appeal by the claimants is directed against judgment dated 13th February 2020 passed by the Railway Claims Tribunal, Bhubaneswar Bench, in Case No.125 of 2017, wherein the Tribunal has refused to grant any compensation by disbelieving claimants' case.
3. The case of the claimants is that, their son namely, Pemmi Rambabu while travelling in Train No.12664 Trichinapalli-Howrah Express from Visakhapatnam to Palasa on 5th October 2016 died due to accidental fall from the running train.
4. The Railways denied the claim and contested the same. Both the parties adduced their respective evidences. When the claimants examined two witnesses Viz. A.W.1 & A.W.2, the Railways examined one witness Viz. R.W. 1.
5. The undisputed facts reveal that the dead body of the deceased was first noticed by one unknown person, who informed it to the Station Superintendent of Ichhapuram Railway Station. Accordingly, Diary Entry No.3114/A dated 5th October 2016 was entered and the matter was reported to local police who registered Crime Case No.174 of 2016. The dead body was lying on the track at KM No.626/28-26 and head was decapitated. Inquest was held and at the time of inquest a journey ticket bearing no.53985365 dated 5th October 2016 was recovered.
6. As per the postmortem report, the head was severed and injuries were found all over the dead body. The circumstances regarding recovery of the body, which was lying in Ichhapuram Railway Yard at KM No.626/28-26, along with nature of injuries noticed on the dead body during post-mortem examination are definitely supporting the claim of the applicants that the death of the deceased is due to fall from running train. In this regard, the evidence of A.W.2 may be taken into account. A.W.2 has stated in his evidence that he accompanied the deceased to Visakhapatnam Railway Station where the deceased boarded Trichinapalli-Howrah Express on 5th October 2016 after purchasing a journey ticket. This evidence of A.W.2 is left unrebutted during his cross-examination. So, considering the statement of A.W.2 as well as recovery of the ticket at the time of inquest, it is concluded that the deceased was a bona-fide passenger of the train. Further, keeping in view the totality of all such circumstances along with the evidence of A.W.2, it can safely be concluded that the deceased died due to fall from the running train while travelling in Trichinapalli-Howrah Express Train.
7. It is true that the journey ticket though shows travel from Visakhapatnam to Palasa, but the dead body was recovered lying at Ichhapuram Railway Station which is beyond Palasa Station and the Tribunal disbelieved the case of the claimants mainly on this ground that the deceased did not have a valid journey ticket to travel up-to Ichhapuram. The reason so assigned by the Tribunal to disbelieve bona-fide journey of the deceased in the train is not found justified. It is for the reason that A.W.2 has stated in his evidence that the deceased boarded the train for travelling after purchasing the journey ticket and there may be some genuine reason for the deceased to travel beyond Palasa. For the only reason that the journey ticket only authorizes him to travel up-to Palasa would not be enough to say that he was not a bona fide passenger at Ichhapuram.
8. In view of the discussions made above, the claimants are found established their case regarding death of the deceased in an untoward incident while travelling in the train. Accordingly, the appeal is allowed and the impugned award is set aside. The Respondent-Union of India is directed to pay compensation of Rs. 4,00,000/- (Four lakhs) along with interest @ 6% per annum from the date of accident or Rs. 8,00,000/- (eight lakhs), whichever is higher, in terms of the decision rendered in Union of India vs- Rina Devi, (2019) 3 SCC 572, within a period of
