Mrs. Sweety Sahu & vs Union Of India
2025 Latest Caselaw 6830 Ori

Orissa High Court

Mrs. Sweety Sahu & 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.145 of 2025
        Mrs. Sweety Sahu &      .....                     Appellants
        Ors.                              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

16.12.2024 passed by the learned Railway Claims

Tribunal, Bhubaneswar Bench, Bhubaneswar in Case

No.OA(IIU)/109/2024.

3. Heard.

4. The brief fact of the case is that on 18.03.2024

during course of journey through Tirupati-Bhubaneswar

Super-Fast Train (22872) from Tirupati to Brahmapur

Railway Station in between Korkunda -Vizianagaram

Railway Station, the deceased fell down from the said

train. Accordingly, the deceased died on the spot.

5. Based on the the information the Vizianagaram

GRP Police Station registered a criminal Case bearing

No.46/2024 dated 19.03.2024 and took up investigation. It

is stated that the deceased was travelling with a valid

ticket bearing PNR No.4717587113 dated 18.03.2024

which was also valid from Tirupati to Brahmapur

Railway Station.

6. 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

Appellants are permitted to withdraw only 10% of the

awarded amount. He further submits that since the

Appellant Nos.1, 4 & 5 are going through financial

hardship, they may be permitted to withdraw the entire

awarded amount.

7. In such view of the matter, this Court modifies

only that part of the judgment dated 16.12.2024 passed by

the learned Railway Claims Tribunal, Bhubaneswar

Bench, Bhubaneswar in Case No.OA(IIU)/109/2024 and

directs that the Appellant Nos.1, 4 & 5 shall be permitted

to withdraw 50% of their respective shares as awarded in

the judgment dated 16.12.2024.

8. This FAO is, accordingly, disposed of.

(Dr. S. K. Panigrahi)

Gitanjali

Location: HIGH COURT OF ORISSA, CUTTACK Date: 09-Apr-2025 15:05:59