LATA PRADHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS case is an illustration of a tragic story how an entire family consisting of 25 years widow with five small children faced due to a certain accidental demise of one Kabi Pradhan, who died in a train accident on 3.12.1990 at about 11.30 P.M. at Baulpur in the district of Dhenkanal while on duty. Said Kabi Pradhan was on patrolling duty as Home Guard under opposite party No.3, Commandant, Home Guard, Dhenkanal.

(2.) IT is alleged that said Kabi Pradhan along with one Gunanidhi Sahu were engaged on shift duty from 10 P.M. to 6 A.M. to perform the patrolling duty on the C.P.P. NALCO Railway Line arid while they were performing their duties on Railway Line at about 11.30 P.M. the coal transporting train (empty wagon) came from C.P.P. NALCO to Bharatpur and dashed them. Due to the aforesaid accident, Kabi Pradhan sustained severe injury and succumbed to death. There was an ex -gratia payment of only Rs. 30,000/ -from the Chief Minister's Relief Fund to the family of the deceased.

(3.) A calculation has been made and the appropriate writ has been sought for to command the opposite parties to effect the compensation to the petitioner. A notice was previously issued to the opposite parties claiming compensation of Rs. 4,05.000/ - and thereafter there was a claim Rs. 3,16.600/ -.