CHARANJIT KAUR Vs. SOUTH EASTERN RAILWAY

JUDGEMENT

(1.) The petitioner, who is the widow of late Manjit Singh, has filed this application seeking for a direction to the opposite parties to pay adequate compensation for untoward accident that took place on 11.10.1998 causing death of her husband.

(2.) The factual matrix of the case in hand is that the petitioner's husband late Manjit Singh came from Jamshedpur to Rourkela to attend the marriage ceremony of his niece at Panposh Basti (Raghunathpalli) on 10.10.1998. After attending the marriage, he left the house at about 12.20 A.M. on 11.10.1998 to catch the train for Jamshedpur. He was a physically handicapped person and using artificial right leg for last 22 years. From the inception of Bombay -Howrah Railway line, the inhabitants of Raghunathpalli Basti which is otherwise known as Panposh Basti are using to cross over the railway line which is closed to Panposh Chhak for either catching train or bus or Auto Rickshaw to go to any destination or even for marketing purposes which is within the knowledge of railway authorities. On 11.10.1998, late Manjit Singh while crossing over the railway line, run over by Puja Special (Express Train) as because his artificial foot was somehow entangled in the gap of the track and the gap was caused due to negligence of railway and by the time he retrieved his leg, the train ran over him resulting in his sudden death. The G.R.P.S. took up the matter and without any proper enquiry or establishing the identity of the victim, cremated the body without conducting post mortem. When late Manjit Singh did not reach Jamshedpur on 14.12.1998, a missing report was lodged before Raghunathpalli police station of Rourkela. Information of his missing was flashed to all the police stations including G.R.P.S., but of no result. On 16.10.1998, Mahinder Singh and Kuldeep Singh who are cousins of late Manjit Singh came to know about running over of train on a man at Ponposh Railway Station and after making personal enquiry, requested the Sub -Collector, who in turn authorized the Magistrate to exhume the body in presence of witnesses and after exhumation, the dead body was identified as of Manjit Singh. Consequentially, G.R.P.S., U.D. Case No. 21 of 1998 dated 31.10.1998 corresponding to G.R. No. 208 of 1998 was registered for the unnatural, sudden and accidental death of Manjit Singh and final report was submitted by O.I.C., Rourkela G.R.P.S. indicating that the cause of death of the deceased was due to accidental run over by the train (Puja Special) on 11.10.1998 at about 2.20 A.M. and there was no suspicion of any foul play. Accordingly, it has been noted in the final form that "under the above facts and circumstances, I close the case declaring the death of the deceased due to accidental run over by train. There is no suspicion of any foul play." The deceased Manjit Singh had left behind his old parents, wife, two daughters and a son, who are minors and dependant on him. The deceased was working in Payal Talkies at Jamshedpur as guest house attendant and was being paid a monthly consolidated salary of Rs. 3000/ - and was the only earning member of the family and his pay was the only source of income of the family. After his death, the family suffered a misery and as such the entire livelihood of the family has been affected due to untoward accident that took place on the fateful night. Hence, the wife of the deceased Manjit Singh has filed this application claiming compensation.

(3.) Mr. P. Jena, learned counsel for the petitioner strenuously urged that due to the untoward incident, the petitioner being the legal heir of the deceased is entitled to get compensation. In order to substantiate his contention, reliance has been placed on the judgments in Laxmi Priya Sahoo and another v/s. Divisional Railway Manager, East Coast Railway and another, : 2012 (I) OLR 468 and Edgula Babu Rao and others v/s. The General Manager, East Coast Railway and others, : 2015 (I) OLR 1100 : : 2015 (I) ILR -CUT -627.