Jasoda Biswakarma & Ors vs Union Of India
2025 Latest Caselaw 3343 Ori

Orissa High Court

Jasoda Biswakarma & Ors 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. 122 of 2025

                              Jasoda Biswakarma & Ors.                  ........    Appellant(s)
                                                                       Mr. Debasish Patnaik, Adv.
                                                   -Versus-
                           Union of India                           .......... Respondent(s)
                                                                         Ms. S. Patra, CGC

                                        CORAM:
                                        DR. JUSTICE S.K. PANIGRAHI
                                                   ORDER

11.08.2025 Order No.

02. 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 09.01.2025 passed by the

learned Railway Claims Tribunal, Bhubaneswar Bench,

Bhubaneswar in Case No.OA (IIU)/02/2024.

3. Heard.

4. The brief fact of the case is that on 06.04.2023, the deceased

Sanjaya Biswakarma and his friend Rajendra Kerketta boarded

Jammu Tawi Sambalpur express train at Orga railway station for

travel to Rourkela railway station. During course of journey, the Signature Not deceased Verified Sanjaya Biswakarma went to attend call of nature and in Digitally Signed Signed by: LITARAM MURMU the process, due to jerk of the train, he became imbalanced and Designation: Personal Assistant Reason: Authentication Location: OHC Date: 14-Aug-2025 11:14:58 accidentally fell down from said running train in between K cabin,

Bondamunda and Rourkela railway station, sustained injuries and

died on the spot. In this connection GRPS, Bondamunda has

registered an UD case No. 003/2023 dated 07.04.2023, took up

investigation and submitted final report with the remarks that

deceased died out of accidental fall from running train. It is

pleaded that on the date of incident, the deceased was travelling as

a bona fide passenger.

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 permitted to withdraw only

10% of the awarded amount. He further submits that since the

Appellant Nos.1,3, & 4 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 09.01.2025 passed by the learned Railway

Claims Tribunal Bhubaneswar Bench, Bhubaneswar in Case

No.OA (IIU)/02/2024 and directs the Appellant Nos.1,3 & 4 will be

permitted to withdraw 50% of their share as awarded in the

judgment dated 09.01.2025.

Signature Not 7. This FAO is, accordingly, disposed of.

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