Rekhamani Sonowal & Ors vs Union Of India & Anr
2025 Latest Caselaw 2757 Ori

Orissa High Court

Rekhamani Sonowal & Ors vs Union Of India & Anr on 20 January, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

                                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                         FAO No.437 of 2024
                                  Rekhamani Sonowal & Ors.             ....               Appellant(s)
                                                                             Mr. Satyaban Sahoo, Adv.
                                                                  -versus-
                                  Union of India & Anr.                ....              Respondent(s)

Mr. D. Gochhayat, CGC CORAM:

DR. JUSTICE S.K. PANIGRAHI

Order ORDER No. 20.01.2025

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 19.06.2024

passed by the learned Railway Claims Tribunal,

Bhubaneswar Bench, Bhubaneswar in Case

No.OA(IIU)/31/2023.

3. Heard.

4. The brief fact of the case is that on 26.06.2022 during

course of journey through Sri Jagannath Express Train

bearing No.18410 from Khurda Road to Howrah Railway

Station, on the way in between Cuttack-Kendrapara Railway

Station the deceased fell down from the said train due to

sudden jerk and push and pull of passengers inside the

compartment. Accordingly, the deceased died on 27.06.2022.

Designation: Personal Assistant 5. Based on the information of SS/Cuttack, the GRPS/Cuttack Reason: Authentication Location: High Court of Orissa Date: 21-Jan-2025 18:06:25 registered an UD Case bearing No.40/2022 dated 27.06.2022

and took up investigation. It is stated that on the date of

incident though the deceased was travelling with a valid

journey ticket, the said ticket was lost due to the said

accident.

6. Learned counsel for the Appellants further contends that

the learned Tribunal has 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. He

further submits that since the Appellant Nos.1 & 3 are going

through financial hardship, they may be permitted to

withdraw the entire awarded amount.

7. In such view of the matter, this Court modifies only that

part of the judgment dated 19.06.2024 passed by the learned

Railway Claims Tribunal, Bhubaneswar Bench,

Bhubaneswar in Case No.OA(IIU)/31/2023 and directs that

the Appellant Nos.1 & 3 will be permitted to withdraw 50%

of their respective shares as awarded in the judgment dated

19.06.2024.

8. This FAO is, accordingly, disposed of.

(Dr. S.K. Panigrahi) Judge Ayaskanta

Designation: Personal Assistant

Location: High Court of Orissa Date: 21-Jan-2025 18:06:25