Orissa High Court
Swati Barik vs Union Of India on 8 January, 2025
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.601 of 2024
Swati Barik .... Appellant(s)
Mr. Pradeep Kumar Mishra, Adv.
-versus-
Union of India .... Respondent(s)
Mr. Alok Kumar Mohanty, 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 claimant/
appellant is directed against the judgment dated 19.11.2024
passed by the learned Railway Claims Tribunal,
Bhubaneswar Bench, Bhubaneswar in Case
No.OA(IIU)/21/2024.
3. Heard.
4. The brief fact of the case is that on 23.11.2019 the deceased
along with his wife named Swati Bark were travelling from
Sambalpur to MGR Chennai Central Railway Station by
13351 Allaphuzu Express Train on the strength of their
respective journey tickets. It is averred that while boarding
into the train due to heavy rush in the train, the deceased
boarded in the general compartment whereas the wife of the
Designation: Personal Assistant
Reason: Authentication
deceased (co-passenger) was boarded in the ladies'
Location: High Court of Orissa
Date: 09-Jan-2025 17:32:38
compartment. During course of journey on 24.11.2019 the
deceased accidentally fell down from the said running train
near Sri Venketeswarpalem Railway Station Yard of Andhra
Pradesh State and succumbed to the injuries on the spot.
However, his wife (Swati Barik) was quite unaware about
the incident and after getting the information about the said
incident at the Chennai Central Railway Station she
intimated the missing complaint to the Government Railway
Police (GRP) & Railway Protection Force (RPF) at Chennai
Central Railway Station on 25.11.2019.
5. Based upon the memo of the Deputy Station
Superintendent, SS/Kavali, the GRP/Kavali has registered a
Crime Case under Section 174 of the Cr.P.C vide Criminal
Case No.86/ 2019 dated 25.11/2019 and took up investigation.
With regard to the ticket, it is averred by the Applicant that
on the date of incident her husband (deceased) was
travelling with a valid journey ticket bearing No.UYB-
32652920 dated 23.11.2019 which was recovered from the
possession of the deceased during joint observation made by
GRP/Kavali & RPF/BTTR.
6. Learned counsel for the Appellant submits that the learned
Tribunal had awarded a sum of Rs.8,00,000/- in favour of the
Appellant. However, the Appellant was permitted to
withdraw only 10% of the awarded amount. He further
Signed by: AYASKANTA JENA submits that since the Appellant is suffering from various
Designation: Personal Assistant
Reason: Authentication
Location: High Court of Orissa
Date: 09-Jan-2025 17:32:38 diseases, she 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 19.11.2024 passed by the learned
Railway Claims Tribunal, Bhubaneswar Bench,
Bhubaneswar in Case No.OA(IIU)/21/2024 and directs that
the Appellant/claimant will be permitted to withdraw 50% of
the awarded amount vide judgment dated 19.11.2024.
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
