Kuntali Muduli vs Union Of India
2025 Latest Caselaw 2236 Ori

Orissa High Court

Kuntali Muduli 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.546 of 2024
                                  Kuntali Muduli                       ....            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 05.09.2024

passed by the learned Railway Claims Tribunal,

Bhubaneswar Bench, Bhubaneswar in Case

No.OA(IIU)/34/2024.

3. Heard.

4. The brief fact of the case is that on 13.04.2019 when the

deceased was travelling from Thalassery to Thivim Railway

Station by Netravati Express Train (16346) as a bona fide

passenger, he accidentally fell down from the running train

on 14.04.2019 near Mangalore Railway Station while he was

going to wash his hand in the wash basin. Soon after the said

incident, he was rescued and shifted to the A.J. Hospital &

Designation: Personal Assistant Research Centre, Kuntikana, Mangalore for treatment and Reason: Authentication Location: High Court of Orissa Date: 09-Jan-2025 17:32:38 thereafter, he was shifted to the Calicut Medical College &

Hospital, Kozhikode for better treatment. During the course

of treatment in the said hospital he died on 17.04.2019. With

regard to the ticket, it averred that on the date of incident her

deceased son was travelling with a valid journey ticket

bearing No.UMD-47057799 dated 13.04.2019.

5. 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 a sum of Rs.2,00,000/- from the awarded

amount each. He further submits that since the Appellant is

suffering from various 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 05.09.2024 passed by the learned

Railway Claims Tribunal, Bhubaneswar Bench,

Bhubaneswar in Case No.OA(IIU)/34/2024 and directs that

the Appellant/claimant will be permitted to withdraw 50% of

her share as awarded in the judgment dated 05.09.2024.

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