19 years after passenger’s death, HC orders rlys to pay relief | Bhubaneswar News

Cuttack: Nearly 20 years after a man died inside a train compartment, the Orissa high court has ordered East Coast Railways to pay Rs 9.23 lakh in compensation to his family, pulling up the railway administration for denying justice and delaying relief.Justice S K Panigrahi, in a strongly worded judgment, set aside the order, given on April 4, 2024, by the Railway Claims Tribunal (RCT), Bhubaneswar bench, which had rejected the petitioner’s claim.Justice Panigrahi, in his Sept 10 judgment, observed that the death of Sarbeswar Swain, a bonafide passenger, took place while he was in train and no valid exception was proven by the railways to avoid liability. Accordingly, Justice Panigrahi directed the railways to deposit Rs 9,23,562 in the petitioner’s bank account within four months. No backdated interest was awarded but the amount will carry 7% annual interest if not paid within the deadline.On Dec 25, 2006, Sarbeswar Swain was travelling from Allahabad to Cuttack on Neelachal Express when he reportedly fell from his seat due to a sudden jolt inside the compartment and sustained critical head injuries. He died two days later at a hospital in Gaya. A post-mortem confirmed the cause of death as ‘shock and haemorrhage’.In 2007, the deceased’s son, Satyajit Swain, filed a compensation claim of Rs 4 lakh, alleging negligence by the railways. The RCT dismissed the claim in 2014, citing cardiac arrest as the cause of death. After the high court remanded the matter in 2023 for fresh adjudication based on medical evidence, the tribunal again rejected the claim in 2024. Satyajit challenged it in the high court in the same year.In his ruling, Justice Panigrahi said, “The family of the deceased passenger should have been protected by law, not dragged into prolonged litigation as he was not a trespasser or interloper. The railways is strictly liable for deaths occurring in the course of travel unless exceptions like suicide and criminal act are established — which was not the case here.”Criticising the railways for adopting a ‘litigious and adversarial stance’, Justice Panigrahi remarked that compelling grieving families to fight for basic relief reflects ‘an abdication of responsibility’ and undermines public faith in the system. “The state must serve, not obstruct. Justice delayed for 19 years only compounds grief,” he observed.