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Orissa High Court
Susama Jena & Anr vs Union Of India on 16 December, 2025
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.115 of 2020
Susama Jena & Anr. .... Appellant(s)
Mr. Akansh Acharya, Adv.
on behalf of Mr. Dhananjaya Mund, Adv.
-versus-
Union of India .... Respondent(s)
Mr. Rajesh Kumar Mahpaatra, Sr.P.C
CORAM:
HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI
Order ORDER
No. 16.12.2025
15. 1. This matter is taken up through hybrid arrangement.
2. In filing this FAO, the Appellants claiming themselves
to be the legal heirs of the deceased who is claimed to have
died in a train accident, have challenged the judgment
dated 08.01.2020 passed by the learned Railway Claims
Tribunal, Bhubaneswar Bench, Bhubaneswar in O.A. (II)
No.288 of 2016.
Apart from the above, the Appellants have also sought
for a direction from this Court to the Respondent for
awarding a sum of Rs.8,00,000/- (Rupees Eight lakh only)
along with interest @ 12% per annum from the date of
application in their favour.
Designation: Personal Assistant
Location: High Court of Orissa
Date: 18-Dec-2025 13:58:36
4. Challenging the impugned judgment dated 08.01.2020,
learned counsel for the Appellants submits that despite
best efforts of the Appellants being the mother and brother
of the deceased who is claimed to have died in a train
accident, they were not able to obtain necessary
documents at the relevant point of time. Hence, they could
not produce the said documents before the learned
Railway Claims Tribunal to strengthen their claim at the
relevant point of time, for which, the learned Tribunal
dismissed the claim of the Appellants. He further contends
that in the meantime, the Appellants have obtained the
said documents which are also filed in this FAO vide
Annexure-2 (series) to the I.A. No.970 of 2025. He,
accordingly, prays for allowing the prayer made in this
FAO.
5. In his opposition, learned counsel for the Respondents
submits that despite providing of sufficient opportunity
since the Appellants were unable to set out a case before
the learned Railway Claims Tribunal, the learned Railway
Claims Tribunal has rightly rejected their claim. He,
accordingly, prays for dismissal of this FAO.
6. Considering the submissions made on behalf of both the
parties and since the Appellants have obtained the
documents vide Annexure-2 (series) which are, as per their
Signed by: AYASKANTA JENA statements, may strengthen their claim, after dismissal of
Designation: Personal Assistant
Reason: Authentication
Location: High Court of Orissa
Date: 18-Dec-2025 13:58:36
the above noted O.A., this Court is of the view that they
should be provided a further chance to strengthen their
claim before the learned Railway Claims Tribunal as they
have lost their belongs in a train accident. This Court,
therefore, while setting aside the impugned judgment
dated 08.01.2020 passed in the above noted O.A., remits
the matter (O.A. (II) No.288 of 2016) to the learned Railway
Claims Tribunal for adjudication afresh within a period of
three months from the date of presentation of an
authenticated copy of this order. The Appellants are also
directed to produce the documents vide Annexure-2
(series) before the learned Railway Claims Tribunal.
7. This FAO is, accordingly, disposed of.
(Dr. Sanjeeb K Panigrahi)
Judge
Ayaskanta
Designation: Personal Assistant
Location: High Court of Orissa
Date: 18-Dec-2025 13:58:36
