Orissa High Court
Sanju Sing vs Union Of India & Anr on 10 January, 2025
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.440 of 2024
Sanju Sing .... Appellants
Represented By Adv.
Mr. Satyaban Sahoo
-versus-
Union of India & Anr. .... Respondents
Represented By CGC
Mr. B.S. Rayaguru
CORAM:
DR. JUSTICE S.K. PANIGRAHI
ORDER
10.01.2025
Order
No.
01. 1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the parties.
3. Present appeal by the Appellants/claimants is directed
against the order dated 18.07.2024 passed in OA(IIU)
No.56 of 2023 by the learned Railway Claims Tribunal,
Bhubaneswar Bench, Bhubaneswar.
4. The brief fact of the case is that the injured Appellant
Sanju Sing was working as a labour at Andhra Pradesh
State. On 27.01.2023, the Appellant along with his father
Designation: P.A. and other co-passengers were returning from
Reason: Authentication
Location: OHC
Date: 11-Jan-2025 11:54:00
Tadapalligudem to Kharagpur Railway station by Train
// 2 //
No.18046 Down East Coast Express after purchasing their
respective journey tickets. During course of journey on
28.01.2023 when the said train approaching to Baleswar
railway station, the Appellant was standing near the door
of the compartment suddenly one out sider came and
snatching of mobile phone from the hand of him and in
the mean time the said train suddenly jerking and due to
push and pull of passengers, he accidentally fell down
from the train and came under the wheel of the train and
sustained injuries on his left leg. It is averred that just
after the fall, the father of the injured and other co-
passengers was got down from the train and rescued the
injured with the help of RPF staff of Balasore railway
station and he was shifted to nearest District Head
Quarter Hospital, Balasore. As the condition of the
Appellant was very serious, the doctor has referred to
SCBMCH, Cuttack, for better treatment, where he was
admitted as an Indoor Patient vide Registration No.7456
dated 29.01.2023 and finally the doctor has amputated his
left leg below knee and discharged from the said hospital
on 09.02.2023. With regard to ticket, it is submitted that
Designation: P.A. on the date of incident, the injured was travelling from
Reason: Authentication
Location: OHC
Date: 11-Jan-2025 11:54:00
Tadapalligudem to Kharagpur Railway station with a
// 3 //
valid journey tickets bearing No.UPF-98496799 dated
27.01.2023.
5. Learned counsel for the Appellant submits that the
learned Tribunal had awarded Rs.4,00,000/- in favour of
the Appellant. However, the Appellant is permitted to
withdraw only Rs.40,000/- of the awarded amount.
Hence, the Appellant may be permitted to withdraw the
entire awarded compensation amount.
6. In such view of the matter, the order dated 18.07.2024
passed by the learned Railway Claims Tribunal
Bhubaneswar Bench in OA(IIU)No.56/2023 is modified
only that part of the order to the extent that the
Appellant/claimant will be permitted to withdraw 50% of
his share as awarded in the judgment dated 18.07.2024.
7. Accordingly, the appeal is, disposed of.
(Dr. S.K. Panigrahi)
Judge
Murmu
