Kisan Munda & Ors vs Union Of India & Anr
2025 Latest Caselaw 3509 Ori

Orissa High Court

Kisan Munda & Ors vs Union Of India & Anr on 14 August, 2025

Author: Sanjeeb K. Panigrahi

Bench: Sanjeeb K. Panigrahi

                                      IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                       FAO No. 339 of 2025
                                    Kisan Munda & Ors.                   ........   Appellant(s)
                                                                         Mr. Satyaban Sahoo, Adv.
                                                             -Versus-
                                  Union of India & anr.                    .......... Respondent(s)
                                                                              Mr. P.K. Parhi, DSGI
                                                                               Along with associate

                                              CORAM:
                                              DR. JUSTICE SANJEEB K. PANIGRAHI
                                                             ORDER

14.08.2025

I.A. No.634 of 2025 Order No.

02. 1. This matter is taken up through hybrid arrangement.

2. This application has been filed for condoning the delay of 460

days in preferring the Appeal.

3. Heard.

4. Considering the submissions and on going through the

averments made in this I.A., prayer is allowed. Delay in preferring

the Appeal is, hereby, condoned.

5. I.A. is disposed of.

1. The present appeal at the instance of the claimants/appellants are

directed against the judgment dated 11.01.2024 passed by the

Designation: Personal Assistant

learned Railway Claims Tribunal, Bhubaneswar Bench,

Bhubaneswar in Case No.OA (IIU)/18/2021.

2. Heard.

3. The brief fact of the case is that on on 22-23.09.2018, the injured

Sidha Munda, while travelling by HWH-PURI Express train from

Baleswar to Jajpur Road railway station on the way near Bhadrak

railway station due to jerk of the said train supported by push and

pull of co-passengers in the compartment, he accidentally fell

down from the running train and sustained injury on his right. It is

stated that after the incident, he was immediately shifted to DHH,

Bhadrak, then taken to SCB medical college, Cuttack where during

course of treatment, doctor amputated his right leg below knee.

With regard to ticket, it is stated that on the date of incident, he

was travelling after purchasing journey ticket but the said ticket

which was lost while shifting to hospital.

4. It is stated that the deceased was a bona fide passenger.

5. Learned counsel for the Appellants submits that the learned

Tribunal had awarded a sum of Rs.3,20,000/- in favour of the

Appellants. However, the Appellants were permitted to withdraw

only 10% of their respective shares from the awarded amount. He

further submits that since the Appellants are suffering from

various diseases, they may be permitted to withdraw their entire

share as awarded in the above noted judgment.

Designation: Personal Assistant

5. In such view of the matter, this Court modifies only that part of

the judgment dated 11.01.2024 passed by the learned Railway

Claims Tribunal Bhubaneswar Bench, Bhubaneswar in Case

No.OA (IIU)/18/2021 and directs the Appellants will be permitted

to withdraw 50% of their respective shares from the awarded

amount as awarded in the judgment dated 11.01.2024.

6. This FAO is, accordingly, disposed of.

( Dr. Sanjeeb K. Panigrahi) Judge Murmu

Designation: Personal Assistant