Orissa High Court
Naidu Venkat Rao & vs Union Of India on 8 April, 2025
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.138 of 2025
Naidu Venkat Rao & ..... Appellants
Anr. Mr. Pradeep Kumar Mishra,
Advocate
-versus-
Union of India ..... Respondent
Mr. Satya Narayan Pattnaik,
CGC
CORAM:
THE HON'BLE DR. JUSTICE S.K. PANIGRAHI
Order ORDER
No. 08.04.2025
01. 1. This matter is taken up through hybrid
arrangement.
2. The present appeal at the instance of the claimants/
appellants is directed against the judgment dated
22.01.2025 passed by the learned Railway Claims
Tribunal, Bhubaneswar Bench, Bhubaneswar in Case
No.OA(IIU)/130/2024.
3. Heard.
4. The brief fact of the case is that on the date of
incident i.e. on 27.04.2024, the deceased named Naidu Sai
Goutam, along with his friend, A. Srikant was working as
carpenter in a show room at Parvatipuram City in the
State of Andhra Pradesh. It is averred that on 27.04.2024,
they were travelling from Parvatipuram to Rayagada
Railway Station by Train No. 17243 Guntur- Rayagada
Express train on the strength of one joint 2nd class
mail/express journey ticket. While the train was
approaching platform No.I of Parvatipuram railway
station, he accidentally fell down from the running train
due to push and pull of passengers and succumbed to
injuries on the spot. Just after the incident, the co-
passenger got down from the train and the on duty
railway staff and guard of the said train came to the spot
and rescued the victim from the railway track. On the
basis of information given by on duty clerk in charge of
Parvatipuram Town railway station, the Government
Railway Police (GRP), Vizianagarm has registered a
Crime Case No. 68/2024 under Section 174 Cr.P.C. dated
27/04/2024 and took up investigation into the matter. It is
averred that on the date of incident the deceased was
travelling with a valid journey ticket bearing No. UYB-
75221314 dated 27.04.2024 Ex-Parvatipuram to Rayagada
railway station which was recovered from the possession
of the deceased during inquest.
5. Learned counsel for the Appellants submits that
the learned Tribunal had awarded a sum of Rs.8,00,000/-
in favour of the Appellants. However, the Appellants
were permitted to withdraw only 10% of the awarded
amount. He further submits that since the Appellants
were suffering from various diseases, they may be
permitted to withdraw their entire share as awarded in
the above noted judgment.
6. In such view of the matter, this Court modifies
only that part of the judgment dated 22.01.2025 passed by
the learned Railway Claims Tribunal, Bhubaneswar
Bench, Bhubaneswar in Case No.OA(IIU)/130/2024 and
directs that the Appellants/claimants will be permitted to
withdraw 50% of their share as awarded in the judgment
dated 22.01.2025.
7. This FAO is, accordingly, disposed of.
(Dr. S. K. Panigrahi)
Judge
Gitanjali
Location: HIGH COURT OF ORISSA, CUTTACK
