Gitanjali Sabar & Anr vs Union Of India & Anr
2025 Latest Caselaw 2762 Ori

Orissa High Court

Gitanjali Sabar & Anr 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.463 of 2024
                                  Gitanjali Sabar & Anr.               ....               Appellant(s)
                                                                             Mr. Satyaban Sahoo, Adv.
                                                                  -versus-
                                  Union of India & Anr.                ....             Respondent(s)
                                                                             Mr. B. Maharana, Sr. P.C
                                           CORAM:
                                           DR. JUSTICE S.K. PANIGRAHI

                                                    ORDER

                   Order                           20.01.2025
                   No.                        I.A. No.846 of 2024

01. 1. This matter is taken up through hybrid arrangement.

2. This application has been filed for condoning the delay in

preferring the FAO No.463 of 2024.

3. Heard.

4. Considering the submissions and on going through the

averments made in this I.A., prayer is allowed. Delay in

preferring the FAO No.463 of 2024 is, hereby, condoned.

5. I.A. is disposed of.

1. The present appeal at the instance of the claimants/

appellants is directed against the judgment dated 05.06.2023

passed by the learned Railway Claims Tribunal,

Signed by: AYASKANTA JENA Bhubaneswar Bench, Bhubaneswar in Case Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 21-Jan-2025 18:06:25 No.OA(IIU)/218/2018.

3. Heard.

4. The brief fact of the case is that on 04.08.2018 during

course of journey through HWH-Puri Express train from

HWH Railway Station to Bhubaneswar Railway Station on

the way between Kendrapra and Nirgundi Railway Station

the deceased fell down from the said train and died on the

spot. Based on the information the GRPS/Cuttack registered

an UD Case bearing No.46/18 dated 13.12.2018 and took up

investigation. It is stated that on the date of incident the

deceased was travelling with a valid ticket bearing

No.12761739 dated 04.08.2018.

5. 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 Appellants were

permitted to withdraw only 10% of the awarded amount

each. He further submits that since the Appellants are

suffering from various diseases, 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 05.06.2023 passed by the learned

Railway Claims Tribunal, Bhubaneswar Bench,

Bhubaneswar in Case No.OA(IIU)/218/2018 and directs that

the Appellants /claimants will be permitted to withdraw 50%

of their share as awarded in the judgment dated 05.06.2023.

Designation: Personal Assistant

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

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