Kuni Behera vs Union Of India
2025 Latest Caselaw 2245 Ori

Orissa High Court

Kuni Behera 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.541 of 2024
                                  Kuni Behera                          ....            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 09.10.2024

passed by the learned Railway Claims Tribunal,

Bhubaneswar Bench, Bhubaneswar in Case

No.OA(IIU)/37/2024.

3. Heard.

4. The brief fact of the case is that on 20.05.2023 the deceased

was travelling from Udhna to Bhestan Railway Station by

Surat-Valsad Memu Special Train (09152) on the strength of

one 2nd class ordinary journey ticket. During course of

journey the deceased was standing near the gate of the

compartment and when the train left from the platform No.2

of Udhan Railway Station due to heavy rush and push and

Designation: Personal Assistant pull of passengers inside the compartment, the deceased Reason: Authentication Location: High Court of Orissa Date: 09-Jan-2025 17:32:38

accidentally fell down from the running train. Accordingly,

he died on the spot.

5. In this connection the GRP/Surat registered an AD Case

bearing No.87/2023 and took up investigation. With regard

to the ticket, it is submitted by the Applicant that on the date

of incident, her deceased husband was travelling with a

valid journey ticket but the same was lost in the alleged

incident.

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 Appellant was

permitted to withdraw only 10% of 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 09.10.2024 passed by the learned

Railway Claims Tribunal, Bhubaneswar Bench,

Bhubaneswar in Case No.OA(IIU)/37/2024 and directs that

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

her share as awarded in the judgment dated 09.10.2024.

8. This FAO is, accordingly, disposed of.

Designation: Personal Assistant Reason: Authentication (Dr. S.K. Panigrahi) Location: High Court of Orissa Date: 09-Jan-2025 17:32:38 Judge Ayaskanta