Kuni Sethi & Ors vs Union Of India
2025 Latest Caselaw 2247 Ori

Orissa High Court

Kuni Sethi & Ors 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.547 of 2024
                                  Kuni Sethi & Ors.                    ....            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 claimants/

appellants is directed against the judgment dated 17.10.2024

passed by the learned Railway Claims Tribunal,

Bhubaneswar Bench, Bhubaneswar in Case

No.OA(IIU)/51/2024.

3. Heard.

4. The brief fact of the case is that on 20.07.2016 the deceased

Duryodhan Sethi was travelling from Pondicherry to

Bhubaneswar Railway Station in the General compartment

of a train and during course of journey, on 21.07.2016 while

he was going to attend the call of nature inside the toilet of

the train, he accidentally fell down in between Tada and

Sullurpeta Railway Station (SPE) in the State of Andhra

Designation: Personal Assistant Pradesh. Accordingly, he sustained multiple injuries and Reason: Authentication Location: High Court of Orissa Date: 09-Jan-2025 17:32:38 died instantaneously.

5. In this connection, the GRP, Gudur Jn. (GDR) registered a

case bearing No.83/2016. It is pleaded that the deceased was

a bona fide passenger and on the date of incident, he was

travelling having railway ticket No.A97673669 dated

20.07.2016 which was valid from Pondicherry to

Bhubaneswar Railway Station and the said ticket was also

recovered by the Police from the possession of the deceased

during inquest.

6. Learned counsel for the Appellant 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 some of 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 17.10.2024 passed by the learned

Railway Claims Tribunal, Bhubaneswar Bench,

Bhubaneswar in Case No.OA(IIU)/51/2024 and directs that

the Appellants/claimants will be permitted to withdraw 50%

of their share each as awarded in the judgment dated

17.10.2024.

8. This FAO is, accordingly, disposed of.

Designation: Personal Assistant

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