Md. Sangir & Anr vs Union Of India
2025 Latest Caselaw 3340 Ori

Orissa High Court

Md. Sangir & Anr vs Union Of India on 11 August, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

                                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                    FAO No. 19 of 2023

                              Md. Sangir & Anr.                          ........   Appellant(s)
                                                                            Mr. Sambit Das, Adv.
                                                    -Versus-
                           Union of India                            .......... Respondent(s)
                                                                  Mr. Darpa N Pattnayak, Sr. P.C.

                                        CORAM:
                                        DR. JUSTICE S.K. PANIGRAHI
                                                    ORDER

11.08.2025 Order No.

04. 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 20.10.2020 passed by the

learned Railway Claims Tribunal, Bhubaneswar Bench,

Bhubaneswar in Case No.OA(IIU)/181/2017.

3. Heard.

4. The brief fact of the case is that on 27/28.10.2016 during course of

journey through YPR-Muzafurpur Express from YPR to

Muzzafarpur Railway Station, on the way near Huma Railway

Station the deceased fell down from the said train due to sudden Signature Not jerk Verified and push and pull of passengers inside the compartment. Digitally Signed Signed by: LITARAM MURMU Accordingly, the deceased died on 27/28.10.2016. Designation: Personal Assistant Reason: Authentication Location: OHC Date: 14-Aug-2025 11:14:58

5. Based on the information of the concerned Station Master, the

GRPS, Barahmapur registered an UD Case bearing No.81/2023

dated 28.10.2016 and took up investigation. It is stated that son of

the appellant travelled with valid journey ticket. However, during

course of enquiry, the Police personnel was recovered one general

class ticket from the deceased.

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 were permitted to

withdraw only 10% of the awarded amount. He further submits

that since the Appellants 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 20.10.2020 passed by the learned Railway

Claims Tribunal, Bhubaneswar Bench, Bhubaneswar in Case

No.OA(IIU)/181/2017 and directs that the Appellants will be

permitted to withdraw 50% of their respective shares as awarded

in the judgment dated 20.10.2020.

8. This FAO is, accordingly, disposed of.

  Signed by: LITARAM MURMU                                     ( Dr. S.K. Panigrahi)
  Designation: Personal Assistant
  Reason: Authentication
  Location: OHC                                                        Judge
  Date: 14-Aug-2025 11:14:58
Murmu