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Orissa High Court
Hemalata Rout vs Union Of India on 22 December, 2025
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.440 of 2020
Hemalata Rout .... Appellant(s)
Mr. Dhananjaya Mund, Adv.
-versus-
Union of India .... Respondent(s)
Mr. Darpanarayan Pattnayak, Sr.P.C.
CORAM:
HON'BLE DR.JUSTICE SANJEEB K PANIGRAHI
Order ORDER
No. 22.12.2025
05. 1. This matter is taken up through hybrid arrangement.
2. In filing this FAO, the Appellant claiming herself to be
the legal heir of the deceased who is claimed to have died
in a train accident, has challenged the judgment dated
19.02.2020 passed by the learned Railway Claims Tribunal,
Bhubaneswar Bench, Bhubaneswar in O.A. No.151 of 2017.
Apart from the above, the Appellant has 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
her favour.
3. Heard.
Signed by: AYASKANTA JENA learned counsel for the Appellant submits that due to the
Designation: Personal Assistant
Reason: Authentication
Location: High Court of Orissa pandemic situation for the Covid-19 reason the Appellant
Date: 23-Dec-2025 19:12:15
and the conducting counsel were unable to place the case
properly before the learned Tribunal on the effective date.
He further contends that after untimely death of the
deceased in the alleged train accident the Petitioner being
her wife badly needs money for sustaining her livelihood.
Hence, she may be provided another opportunity to put
forth her claim before the learned Tribunal afresh. He,
accordingly, prays for allowing the prayer made in this
FAO.
5. In his opposition, learned counsel for the Respondent
submits that despite providing of sufficient opportunity
since the Appellant was unable to set out a case before the
learned Railway Claims Tribunal, the learned Railway
Claims Tribunal has rightly rejected her claim. He,
accordingly, prays for dismissal of this FAO.
6. Considering the submissions made on behalf of both the
parties and since the Appellant could not place her case
before the learned Tribunal properly due to the pandemic
situation, this Court is of the view that she should be
provided a further chance to strengthen her claim before
the learned Railway Claims Tribunal as she has lost her
husband in a train accident. This Court, therefore, while
setting aside the impugned judgment dated 19.02.2020
passed in the above noted O.A., remits the matter (O.A.
Designation: Personal Assistant
Reason: Authentication No.151 of 2017) to the learned Railway Claims Tribunal for
Location: High Court of Orissa
Date: 23-Dec-2025 19:12:15
adjudication afresh within a period of three months from
the date of presentation of an authenticated copy of this
order. The Appellant is also directed to appear before the
learned Railway Claims Tribunal on each date of posting
of the case along with all the necessary documents.
7. This FAO is, accordingly, disposed of.
(Dr. Sanjeeb K Panigrahi)
Judge
Ayaskanta
Designation: Personal Assistant
Location: High Court of Orissa
Date: 23-Dec-2025 19:12:15
