Orissa High Court
Smt. Binapani Gill & 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.119 of 2025
Smt. Binapani Gill & Ors. .... Appellant(s)
Mr. Karunakar Das, Adv.
-versus-
Union of India .... Respondent(s)
Mr. Rupesh Kumar Kanungo, Sr.P.C
CORAM:
HON'BLE DR. JUSTICE S.K. PANIGRAHI
ORDER
Order 05.04.2025
No. I.A. No.178 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.119 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.119 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 11.11.2024
Digitally Signed passed by the learned Railway Claims Tribunal,
Signed by: AYASKANTA JENA
Designation: Personal Assistant
Reason: Authentication Bhubaneswar Bench, Bhubaneswar in Case No.OA
Location: High Court of Orissa
Date: 07-Apr-2025 18:35:36(IIU)/57/2024.
7. Heard.
8. The brief fact of the case is that in order to have the
darshan of lord Jagannath at Puri the deceased along with
one Dillip Kumar Nayak boarded the train named at Dhauli
Express at Khurda Railway Station. Soon after departure of
the train the deceased fell down from the said train due to
sudden jerk and push and pull of passengers inside the
compartment. Due to such accident the deceased lost his
both legs below the knee. Soon after the accident the
deceased was shifted to nearest Railway Hospital at Khurda
and thereafter, he was shifted to AIIMS Hospital,
Bhubaneswar. During course of treatment at AIIMS
Hospital, Bhubaneswar the deceased was declared dead.
9. It is stated that the deceased was a bona fide passenger
having a valid journey ticket.
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, though the Appellant
No.1 was permitted to withdraw only 20% of her share,
share of the rest of the Appellants despite being major, were
directed to be kept in fixed deposit. He further submits that
since all the Appellants are going through financial hardship
and also major, they may be permitted to withdraw 50% of
Digitally Signed their respective shares from the said awarded amount.
Signed by: AYASKANTA JENA
Designation: Personal Assistant
11. In such view of the matter, this Court modifies only that
Reason: Authentication
Location: High Court of Orissa
Date: 07-Apr-2025 18:35:36part of the judgment dated 11.11.2024 passed by the learned
Railway Claims Tribunal, Bhubaneswar Bench,
Bhubaneswar in Case No.OA(IIU)/57/2024 and directs that
the Appellants shall be permitted to withdraw 50% of their
respective share as awarded in the judgment dated
11.11.2024.
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
