PARIKHITA BEHERA Vs. DIVISIONAL RAILWAY MANAGER

JUDGEMENT

(1.) THE petitioners are the unfortunate parents of one Susanta Behera who died by a train accident on 27.10.1994. Said Susanta Behera was a student of Class IX and he was returning to his village by a bi -cycle after attending tuition and while he was passing through the unmanned level crossing near Bari -Thangada Passenger Halt of the South Eastern Railway he was hit by Utkal Express and died at the spot.

(2.) IT is stated that the deceased was the only son of his parents. The alleged accident occurred due to the sheer negligence of the railway authorities. The deceased had no fault of his own. It is further placed on record that in the aforesaid unmanned level crossing apart from Susanta Behera many other persons and animals have lost their lives and in spite of the public demands and repeated representations, the railway authorities did not take any step to avoid the accident at the particular spot. The details of the accident, which had occurred, have been averred in the writ petition.

(3.) THE petitioners were also assured similarly while the accident of their only son took place and the railway authorities also assured to release suitable compensation in their favour but all promises were in vain. The petitioners made repeated reminders and representations but there was no reply from the other side. All these facts in greater details have been mentioned in the writ petition.