Kamalimani Pal & Ors vs Union Of India & Anr
2025 Latest Caselaw 2228 Ori

Orissa High Court

Kamalimani Pal & Ors vs Union Of India & Anr on 8 January, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

                                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                         FAO No.474 of 2024
                                  Kamalimani Pal & Ors.                ....               Appellant(s)
                                                                             Mr. Satyaban Sahoo, Adv.
                                                                  -versus-
                                  Union of India & Anr.                ....             Respondent(s)

Mr. B.K. Padhi, CGC CORAM:

DR. JUSTICE S.K. PANIGRAHI

Order ORDER No. 08.01.2025

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

2. The present appeal at the instance of the claimants/

appellants is directed against the judgment dated 27.08.2024

passed by the learned Railway Claims Tribunal,

Bhubaneswar Bench, Bhubaneswar in Case

No.OA(IIU)/113/2023.

3. Heard.

4. The brief fact of the case is that on 22.08.2023, the deceased

Damodar Pal had been to Baleswar for consulting doctor and

after finishing his work, he boarded on the Bhadrak-

Kharagpur Memu train at the Baleswar Railway Station for

travelling from Baleswar to Rajghat Railway Station. It is

stated that at Rajghat Railway Station while he was de-

boarding from the train, accidentally fell down and

Designation: Personal Assistant sustained severe head injury with other multiple injuries. It Reason: Authentication Location: High Court of Orissa Date: 09-Jan-2025 17:32:38 is further stated that some of the passengers informed about

the incident to the sons of the deceased and after getting the

news, both of his sons along with other relatives arrived at

the spot and rescued him and shifted him directly to the

FMMCH, Baleswar where the doctor declared him dead.

5. It is stated that after receiving memo from the Doctor, the

IIC, Baleswar intimated the matter to the SMR/Amarda road

and registered an UD Case bearing No.85/2023 dated

23/08/2023 and took up investigation. With regard to journey

ticket, it is stated that on the date of incident, the deceased

was travelling on the strength of a valid journey ticket

having UTS No.70890561 which was valid from Baleswr to

Rajghat Railway Station and during inquest the said ticket

was recovered from the possession of the deceased.

6. 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 were

permitted to withdraw only 10% of the awarded amount

each. He further submits that since the Appellants are

suffering from various diseases, they may be permitted to

withdraw the entire awarded compensation amount.

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

part of the judgment dated 27.08.2024 passed by the learned

Railway Claims Tribunal, Bhubaneswar Bench,

Signed by: AYASKANTA JENA Bhubaneswar in Case No.OA(IIU) /113/2023 and directs that Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 09-Jan-2025 17:32:38 the Appellants/claimants will be permitted to withdraw 50%

of their share as awarded in the judgment dated 27.08.2024.

8. This FAO is, accordingly, disposed of.

(Dr. S.K. Panigrahi) Judge Ayaskanta

Designation: Personal Assistant

Location: High Court of Orissa Date: 09-Jan-2025 17:32:38