HENALATA SWAIN Vs. DIVISIONAL RAILWAY MANAGER

JUDGEMENT

(1.) The petitioners are the legal representatives of deceased Pratap Swain, who died in a train accident caused on 12.09.2014 in an un-manned level crossing No.167A at Railway location KM-380/19-21 between BYY-BRTG near village Kapastikira in the district of Cuttack. They are, by way of present writ petition, seeking direction to grant compensation of Rs.10,00,000/- (ten lakhs), along with interest, due to negligence on the part of railway authority, from the date of death of deceased till the date of payment.

(2.) The fact of the case, in a nut shell, is that petitioner no.1's husband, who was aged about 39 years at the relevant point of time, was working in a garage as a manager and was getting Rs.10,000/- towards salary per month. On him, petitioner no.1-wife, petitioners no.2 and 3, the two minor children, and petitioner no.4, the widow mother were dependant. On 12.09.2014 at about 9.20 A.M., the Dn. East Coast Express No.18646, which was crossing the unmanned level crossing situated at village Kapastikira, dashed against the motorcyclist, who was crossing the said level crossing at that time. Consequentially, the husband of petitioner no.1, namely, Pratap Swain died. Thereafter, on the basis of FIR lodged by the Senior Section Engineer- Jayanta Kumar Sahoo, East Coast Railway, Dhanmandal, Cuttack GRPS Case No.109 of 2014 was registered under Sections 279/304 (A) IPC. The fact of death of the deceased due to unmanned level crossing is not in dispute. Thereby, due to death of said Pratap Swain, petitioner no.1 while lost her husband, petitioners no.2 and 3 lost their father and petitioner no.4 lost her son. 2.1. By filing the present writ petition, the petitioners have claimed compensation of Rs.10,00,000/- (ten lakhs), as the railway authorities have not taken reasonable precaution to reduce the damage to the public where a railway line crosses high way path, and as such, the death occurred in an unmanned level crossing. Therefore, the petitioners are entitled to get compensation, as claimed in the writ petition. Hence, this application.

(3.) Miss. M. Behera, learned counsel appearing on behalf of Mr. K.K. Jena, learned counsel for the petitioners contended that since the deceased died in a train accident in an unmanned level crossing, on account of the Railways Act, 1989 read with the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990, which fixes the compensation of Rs.4,00,000/- in case of no fault liability, the petitioners are entitled to get compensation. She has relied upon the judgment of this High Court in Prabir Kumar Das v. State of Odisha , 2013 1 OrissaLR 674.