PRANABANDHU PRADHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners are the legal representatives of deceased Kishori Pradhan, who died in a train accident caused on 05.02.2013 in an un-manned level crossing in between Madhupur and Badabangiani Railway line. They have filed this writ petition seeking for direction to grant compensation of Rs.5,00,000/- (five 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 is the husband of the deceased-Kishori Pradhan, who died in a train accident, while passing through the railway line in an unmanned level crossing at Dangiani. Petitioner no.2 is the married daughter of the deceased whereas petitioners no.3 and 4 are her sons. While the deceased was coming from Nakchi Market towards her house at Madhupur on 05.02.2013 died in a train accident. Thereafter, one of the relations of the deceased reported the matter before the I.I.C. Handapa P.S. which resulted in Handapa P. S. U. D. Case No.2 of 2013. Thereafter, the case was registered as U.D. G.R. Case No.5 of 2013 in the court of learned S.D.J.M., Athmallik. After completion of investigation final report was submitted on 28.02.2013 indicating therein that the cause of death was due to ran over by running train in an unmanned level crossing at Dangiani and at the time of death the deceased was about 55 years. Due to her un-time death, petitioner no.1 while lost his wife, petitioners no.2 to 4 lost their mother.

(3.) Mr. B. P. Satapathy, 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. He has relied upon the judgment in Prabir Kumar Das v. State of Odisha , 2013 1 OrissaLR 674.