Malatilata Das @ vs Union Of India & Anr
2025 Latest Caselaw 7587 Ori

Orissa High Court

Malatilata Das @ vs Union Of India & Anr on 25 April, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                                FAO No.121 of 2025
        Malatilata Das @              .....                        Appellants
        Malati Das & Ors.                                  Mr. Satyaban Sahoo,
                                                                       Advocate
                                     -versus-
        Union of India & Anr.             .....                  Respondents
                                                            Mr. M.K. Pradhan,
                                                             Sr. Panel Counsel
                                    CORAM:
                 THE HON'BLE DR. JUSTICE S.K. PANIGRAHI
                                      ORDER

Order                                25.04.2025
No.

 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

14.02.2025 passed by the learned Railway Claims

Tribunal, Bhubaneswar Bench, Bhubaneswar in Case

No.OAII(U)/58 /2023.

3. Heard.

4. The brief fact of the case is that the deceased

Muktikanta Das in order to come to his native village

Bhadrak on 13.11.2022, he along with one Rakamakanta

Das had purchased one joint second class journey ticket

from Coimbatore railway station to Bhadrak Railway

Station and boarded by 22641 (TVC-Shalimar) express

train. During journey, the deceased went to toile and after

returning from toilet while he was washing his face in the

wash basin near the compartment there was a sudden

jerk in the train and he accidentally fell down from the

running train at KM No.694/4-6 on down line in between

Gullipadu-Narsipatnam sections and died on the spot.

Based upon the report of on duty Station Master, Tuni

Railway Station, the Government Railway Police Station

(GRPS), Tuni has registered a Crime Case No.91/2022

dated 14.11.2022 and conducted inquiry about the matter.

With regard to the ticket, it is averred by the Applicants

that on the date of incident, the deceased was travelling

with a valid journey ticket bearing No.UMG-02480636

dated 12.11.2022.

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 Appellant No.1

was permitted to withdraw only 10% of the awarded

amount. He further submits that since the Appellant

No.1, 2 & 3 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 14.02.2025 passed by

the learned Railway Claims Tribunal, Bhubaneswar

Bench, Bhubaneswar in Case No.OA(IIU)/58/2023 and

directs that the Appellant Nos.1, 2& 3/claimants will be

permitted to withdraw 50% of their share as awarded in

the judgment dated 14.02.2025.

7. This FAO is, accordingly, disposed of.

(Dr. S.K. Panigrahi) Judge

Gitanjali