Orissa High Court
Smt. Bini Behera & Ors vs Union Of India on 5 April, 2025
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.85 of 2025
Smt. Bini Behera & Ors. .... Appellant(s)
Mr. Karunakar Das, Adv.
-versus-
Union of India .... Respondent(s)
Mr. Jayonananda Panda, CGC
CORAM:
HON'BLE DR. JUSTICE S.K. PANIGRAHI
ORDER
Order 05.04.2025
No. I.A. No.131 of 2025
01. 1. This matter is taken up through hybrid arrangement.
2. This application has been filed for condoning the delay in
preferring the FAO No.85 of 2025.
3. Heard.
4. Considering the submissions and on going through the
averments made in this I.A., prayer is allowed. Delay in
preferring the FAO No.85 of 2025 is, hereby, condoned.
5. This I.A. is, accordingly, disposed of.
6. The present appeal at the instance of the claimants/
appellants is directed against the judgment dated 20.09.2024
Digitally Signed passed by the learned Railway Claims Tribunal,
Signed by: AYASKANTA JENA
Designation: Personal Assistant
Reason: Authentication Bhubaneswar Bench, Bhubaneswar in Case
Location: High Court of Orissa
Date: 07-Apr-2025 18:35:36No.OA(IIU)/77/2024.
7. Heard.
8. The brief fact of the case is that in order to maintain his
livelihood the Petitioner along with his co-villagers on
27.10.2022 had been to Chennai through MGP-Chennai Mail
Superfast Express. During course of journey from
Berhampur Railway Station to Chennai Railway Station, on
the way in between Vizianagaram and Korukonda Railway
Station the deceased fell down from the said train due to
sudden jerk and push and pull of passengers inside the
compartment. Accordingly, the deceased died on the spot.
9. Based on the information the GRPS, VZM took up
investigation and registered an UD Case bearing
No.130/2022. It is stated that the deceased was a bona fide
passenger having journey ticket bearing No.UYB-61728610
and UPS No.6150DEC16D which was also recovered from
the dead body of the deceased.
10. Learned counsel for the Appellants further contends that
the learned Tribunal has awarded a sum of Rs.8,00,000/- in
favour of the Appellants. However, the Appellant No.1 was
permitted to withdraw only 10% of her share. He further
submits that since the Appellant No.1 is going through
financial hardship, she may be permitted to withdraw 50% of
her share from the said awarded amount.
Digitally Signed 11. In such view of the matter, this Court modifies only that
Signed by: AYASKANTA JENA
Designation: Personal Assistant
part of the judgment dated 20.09.2024 passed by the learned
Reason: Authentication
Location: High Court of Orissa
Date: 07-Apr-2025 18:35:36Railway Claims Tribunal, Bhubaneswar Bench,
Bhubaneswar in Case No.OA(IIU)/77/2024 and directs that
the Appellant No.1 shall be permitted to withdraw 50% of
her share as awarded in the judgment dated 20.09.2024.
12. This FAO is, accordingly, disposed of.
(Dr. S.K. Panigrahi)
Judge
Ayaskanta
Designation: Personal Assistant
Location: High Court of Orissa
Date: 07-Apr-2025 18:35:36
