Sarat Gouda v. Division Railway Manager, East Coast Railway
2014-10-15
BISWANATH RATH
body2014
DigiLaw.ai
JUDGMENT : BISWANATH RATH, J. The petitioners are the parents of deceased-minor child. Petitioners claim that their son was staying with his maternal grand mother for prosecuting his study in the Medical Campus Government U.P. School on 12.07.2013, when the deceased was crossing the Railway line an unmanned level crossing to go to his school Patna Ernakulam Express came from Chhatrapur side ran over the deceased causing his death on the spot itself. On being informed by the Railway Guard the Station Superintendent submitted a written report before the G.R.P.S., Berhampur, which was registered as F.I.R. (Annexure-2). The matter was enquired, the dead body of the deceased was sent for Post-mortem examination to M.K.C.G. Medical College and Hospital, Berhampur, who opined that the death was due to run over by running train,'Annexure-3 is the inquest report and Annexure-4 is the Post-mortem Examination Report. A final report was also submitted by G.R. Police Station on completion of the enquiry indicating cause of death due to accidentally run over by the running Train No. 1630-Patna Ernakulam Express. Annexure-5 is the copy of the final report. The petitioners requested to the Railway Authority for adequate compensation remain unheeded resulting the petitioners approaching this Court for direction to Railway Authority to pay compensation along with interest to the petitioners. 2. Per contra the Railway counsel on its appearance submitted that the writ petition involves highly disputed question of facts for which the claims cannot be entertained in a proceeding under Article 226 of the Constitution of India. The counsel for Railway further submits that as per the Railway Board Guide Line manned level crossing is made basing on TVU (Train Vehicle Unit) and the level crossing less than the required TVU with more visibility from both sides cannot be declared as manned level crossing. 3. There is no dispute regarding the death of child on account of ran over by a Train, which fact is established both from the Inquest Report as well as the Post-Mortem Examination Report. This apart the F.I.R. at the instance of Railway Authority on being informed by their Railway Guard clearly discloses that the death of the child was due to ran over by a Train.
This apart the F.I.R. at the instance of Railway Authority on being informed by their Railway Guard clearly discloses that the death of the child was due to ran over by a Train. But coming to question quantum of compensation there is no material to support the claim which is to rest on evidence of both the sides for which this Court cannot decide the question of quantum of compensation citing in a writ petition under Article 226 of the Constitution of India. 4. The petitioners claim for amount on account of no fault liability get support of a decision rendered by this Court reported in AIR 2012 Orissa page 38. Considering the provisions contained in Section 124 of the Railway Act, 1989, a provision has been made for granting minimum of Rs. 4,00,000/- (rupees four lakhs) as no fault liability to the deceased family in case of Railway Accident. Under the circumstances, while directing the petitioner to move appropriate authority for just compensation, I direct the Railway Authority to grant Rs. 4,00,000/- (Rupees four lakhs only) along with interest @ 10% from the date of accident to the parents of the deceased towards no fault liability as provided under Section 124 of the Railway Act, 1989 read with provision contained in Railway accident and untoward incident (compensation) Rule, 1990. This amount be paid within a period of one month from the date of communication of this judgment. 5. The writ petition succeeds to the extent directed above. However, there shall be no order as to costs. Petition succeeds.