Calcutta High Court Upholds ₹3.56 Lakh Compensation To Family Of Railway Contractor's Worker Killed After Being Hit By Train

The Calcutta High Court has dismissed an appeal by the Eastern Railway challenging a compensation award to the family of a worker who died in a workplace accident. The judgment was delivered by Justice Biswaroop Chowdhury.The case arose from an accident on December 23, 2006, in which Allarkha Mirja, a worker employed through a contractor, was fatally struck by the 2509 up Bangalore-Guwahati Express near Noadbradhal Railway Station. The deceased sustained serious injuries and died on the spot. The respondent, Ajmira Mirja, wife of the deceased, filed a claim under the Employees' Compensation Act, 1923, seeking compensation as a dependent.The Learned Commissioner of Employees' Compensation (1st Court), West Bengal, awarded Rs. 3,56,980 along with interest at 12% per annum from one month after the accident, directing the Railway to deposit the amount within 60 days. The Eastern Railway challenged the award, arguing that it was not the employer of the deceased, that the monthly salary of Rs. 4,000 was unproven, and that no notice of the accident was given to the Railway, making the determination of knowledge of the accident presumptive.The High Court noted that the Railway Authority had not adduced any evidence before the Commissioner. The Court relied on the police report (GRPS UD Case No-166/06) and post-mortem record, which confirmed the deceased was a contractor's worker and identified the contractor, Shri Arnab Samanta. The victim's age was confirmed as 42 years in the post-mortem report. The Court also observed that the victim was a member of the Eastern Railway Contractors Workers Union, further validating his employment status.Regarding the salary, the Court held that although documentary proof was lacking, it was reasonable to assume a notional income of Rs. 4,000 per month given the nature of his work. The Court emphasized that strict rules of evidence do not bind tribunals like the Employees' Compensation Court, and the Act is a beneficial legislation intended to protect the dependents of workers. Oral evidence, police reports, and surrounding facts are sufficient to award compensation.The Court affirmed that tribunals must apply principles of natural justice and ensure that the welfare objectives of the statute are fulfilled. Rigid adherence to technicalities cannot be allowed to defeat the claim of deserving beneficiaries. The Court concluded that the Commissioner rightly considered the evidence and awarded compensation.Accordingly, the Calcutta High Court dismissed the appeal, upheld the award of Rs. 3,56,980 with 12% interest, and directed the Railway to deposit the amount within eight weeks. The respondent is permitted to withdraw the awarded sum upon compliance with formalities. The trial court records were ordered to be returned.Case: General Manager, Eastern Railway VERSUS Ajmira Mirja Case No: F.M.A. 2786 of 2016Click here to read order

Calcutta High Court Upholds ₹3.56 Lakh Compensation To Family Of Railway Contractor's Worker Killed After Being Hit By Train

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Calcutta High Court Upholds ₹3.56 Lakh Compensation To Family Of Railway Contractor's Worker Killed After Being Hit By Train

Srinjoy Das

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