Manko Mandi vs Union Of India & Anr
2025 Latest Caselaw 5550 Ori

Orissa High Court

Manko Mandi vs Union Of India & Anr on 18 August, 2025

Author: Sanjeeb K. Panigrahi

Bench: Sanjeeb K. Panigrahi

                                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                               FAO No. 263 of 2025
                                    Manko Mandi                                 ........    Appellant(s)
                                                                                  Mr. Satyaban Sahoo, Adv.
                                                                -Versus-
                                    Union of India & anr.                      .......... Respondent(s)
                                                                                 Mr. D.P. Pattnaik, CGC
                                                 CORAM:
                                                 DR. JUSTICE SANJEEB K. PANIGRAHI
                                                                ORDER

18.08.2025

Order No. I.A. No. 507 of 2025

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

2. This application has been filed for condoning the delay of 64

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. Heard.

2. The present appeal at the instance of the claimant/ appellant is

directed against the judgment dated 27.12.2024 passed by the

learned Railway Claims Tribunal, Bhubaneswar Bench,

Bhubaneswar in Case No.OA(IIU)/83 /2024.

Designation: Personal Assistant

3. The brief fact of the case is that on 22.11.2023, the deceased

Nimai Mandi boarded train No. 18045 East Coast Express at Belda

railway station for travel to Hyderabad railway station and during

course of journey, due to jerk, pull and push of passengers inside

the compartment, he accidentally fell down from the said train in

between Cuttack and Baranga railway station, sustained injury and

died on the spot. Based on the information given by station master,

Baranga railway station, GRPS, Cuttack has registered an UD case

no.84/2023 and took up investigation, it is pleaded that the

deceased was a bona fide passenger of train no. 18045 having a

valid journey ticket but the said ticket was lost in the said incident.

It is further pleaded in the claim petition that Jagannath Mandi had

accompanied the deceased to Belda railway station and witnessed

him purchasing journey ticket and boarding into the train.

4. Learned counsel for the Appellant submits that the learned

Tribunal had awarded a sum of Rs.8,00,000/- in favour of the

Appellants. However, the Appellant was permitted to withdraw

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

Appellant is going through financial hardship, he may be

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

noted judgment.

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

the judgment dated 27.12.2024 passed by the learned Railway

Designation: Personal Assistant

No.OA(IIU)/83/2024 and directs that the Appellant/claimant will be

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

judgment dated 27.12.2024.

6. This FAO is, accordingly, disposed of.

( Dr. Sanjeeb K. Panigrahi) Judge Murmu

Designation: Personal Assistant