Prmeshwar Nayak @ Parmeshwar vs Union Of India
2025 Latest Caselaw 5552 Ori

Orissa High Court

Prmeshwar Nayak @ Parmeshwar vs Union Of India on 18 August, 2025

Author: Sanjeeb K. Panigrahi

Bench: Sanjeeb K. Panigrahi

                                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                       FAO No. 376 of 2025
                                    Prmeshwar Nayak @ Parmeshwar
                                    Nayak & Anr.                        ........   Appellant(s)
                                                                        Mr. Debasish Patnaik, Adv.
                                                               -Versus-
                                    Union of India                           .......... Respondent(s)
                                                                               Mr. Millan Kumar, CGC



                                                CORAM:
                                                DR. JUSTICE SANJEEB K. PANIGRAHI
                                                               ORDER

18.08.2025

Order No. I.A. No.718 of 2025

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

2. This application has been filed for condoning the delay of 446

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 claimants/ appellants is

directed against the judgment dated 19.02.2024 passed by the

Designation: Personal Assistant

learned Railway Claims Tribunal, Bhubaneswar Bench,

Bhubaneswar in Case No.OA(IIU)/26 /2020.

3. The brief fact of the case is that the deceased Dilip Kumar Nayak

was working in a private firm at Pune City and on 08.09.2019 he

was travelling from Pune to Hatia railway station by Pune-Hatia

Dn train as a bona fide passenger. It is averred that in course of

journey on 09.09.2019 on the way at KM No. 532/16 in between

Belpahar and Lajkura railway station he accidentally fell down

from the running train and died on the spot. In this connection, the

GRPS/Jharsuguda, has registered a UD case No. 32 dated

09.09.2019 and took up investigated into the matter. With regard to

ticket it is further averred by the Applicants that on the date of

incident their deceased son was travelling with a valid journey

ticket bearing No. UFF-82217629 dated 08.09.2019 from Pune to

Hatia railway station.

4. 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 was permitted to withdraw

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

Appellants are going through financial hardship, they have

financial difficulties, they 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

Designation: Personal Assistant

Claims Tribunal, Bhubaneswar Bench, Bhubaneswar in Case

No.OA(IIU)/26/2020 and directs that the Appellants /claimants will

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

judgment dated 19.02.2024.

6. This FAO is, accordingly, disposed of.

( Dr. Sanjeeb K. Panigrahi) Judge Murmu

Designation: Personal Assistant