Bijay Laxmi Behera & vs Union Of India & Ors
2025 Latest Caselaw 1984 Ori

Orissa High Court

Bijay Laxmi Behera & vs Union Of India & Ors on 1 August, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

                              IN THE HIGH COURT OF ORISSA AT CUTTACK
                                               FAO No.334 of 2025
                         Bijay Laxmi Behera &       .....                    Appellants
                         Ors.                                     Mr. Satyaban Sahoo,
                                                                            Advocate
                                                    -versus-
                         Union of India & Ors.          .....              Respondent
                                                                Mr. Millan Kumar, CGC

                                                 CORAM:
                                  THE HON'BLE DR. JUSTICE S.K. PANIGRAHI
                                                    ORDER

01.08.2025 Order I.A. No.636 of 2025 No.

01. 1. This matter is taken up through hybrid

arrangement.

2. This is an application for condonation of delay in

filing the Appeal.

3. Heard.

4. Considering the submissions made and on going

through the averment taken in the petition, the prayer for

condonation of delay in filing the Appeal is allowed.

5. The I.A. is accordingly disposed of.

Reason: Authentication Page 1 of 3.

6. The present appeal at the instance of the claimants/

appellants is directed against the judgment dated

30.01.2025 passed by the learned Railway Claims

Tribunal, Bhubaneswar Bench, Bhubaneswar in Case

No.OA(IIU)/07/2021.

7. Heard.

8. The brief fact of the case is that on the date of

incident i.e. on 18.09.2016, the deceased named Rajendra

Behera, was travelling by train No.12892, Bhubaneswar-

Bangiriposhi express train from Bhubaneswar to Betanati

railway station and during journey, the deceased was

murdered by some a group of person near Betanati

railway station. In this connection an UD case No.42

dated 19/09/2016 was registered by GRPS, Balasore. It is

stated that the deceased was a bona fide passenger and

on the date of incident he was travelling ticket

No.21078280 dated 18/09/2016 valid from Bhubaneswar

to Bangiriposhi railway station.

9. 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

Reason: Authentication Page 2 of 3.

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.

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

only that part of the judgment dated 30.01.2025 passed by

the learned Railway Claims Tribunal, Bhubaneswar

Bench, Bhubaneswar in Case No.OA(IIU)/07/2021 and

directs that the Appellants/claimants will be permitted to

withdraw 50% of their share as awarded in the judgment

dated 30.01.2025.

11. This FAO is, accordingly, disposed of.

(Dr. S. K. Panigrahi) Judge

Gitanjali

Reason: Authentication Page 3 of 3.