Nila Gadaba & Ors vs Union Of India
2025 Latest Caselaw 2759 Ori

Orissa High Court

Nila Gadaba & Ors vs Union Of India on 20 January, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

                                    IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                         FAO No.479 of 2024
                                  Nila Gadaba & Ors.                   ....            Appellant(s)
                                                                    Mr. Pradeep Kumar Mishra, Adv.
                                                                  -versus-
                                  Union of India                     ....          Respondent(s)
                                                              Mr. Rajesh Kumar Mohapatra, Sr. P.C


                                              CORAM:
                                              DR. JUSTICE S.K. PANIGRAHI

                                                    ORDER

Order 20.01.2025 No.

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 28.08.2024

passed by the learned Railway Claims Tribunal,

Bhubaneswar Bench, Bhubaneswar in Case

No.OA(IIU)/10/2024.

3. Heard.

4. The brief fact of the case is that on 21.05.2023 during

course of journey through Dhanbad-Alappuzha (13351)

express train from Visakhapatnam to Duvvada Railway

Station, in between Gopalpatnam-Duvvada Railway Station

the deceased fell down from the said train due to heavy rush

inside the compartment. Accordingly, the deceased died on

Designation: Personal Assistant the spot. Reason: Authentication Location: High Court of Orissa Date: 21-Jan-2025 18:06:25

5. Based on the information the GRP/Visakhapatnam

registered a Criminal Case bearing No.183/2023 dated

21.05.2023 and took up investigation. It is stated that though

the deceased was travelling with a valid ticket, the said ticket

was lost due to the alleged 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 are

permitted to withdraw only 10% of the awarded amount. He

further submits that since the Appellant Nos.1, 3 & 4 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 28.08.2024 passed by the learned

Railway Claims Tribunal, Bhubaneswar Bench,

Bhubaneswar in Case No.OA(IIU)/10/2024 and directs that

the Appellant Nos.1, 3 & 4 shall be permitted to withdraw

50% of their respective shares as awarded in the judgment

dated 28.08.2024.

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