Santosh Patuarasingh @ vs Union Of India & Anr
2025 Latest Caselaw 2764 Ori

Orissa High Court

Santosh Patuarasingh @ 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.17 of 2025
                                  Santosh Patuarasingh @            ....               Appellant(s)
                                  Santosh Patuarsingh
                                                                          Mr. Satyaban Sahoo, Adv.
                                                               -versus-
                                  Union of India & Anr.             ....           Respondent(s)
                                                                      Mr. B.S. Rayaguru, 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 claimant/

appellant is directed against the judgment dated 06.12.2024

passed by the learned Railway Claims Tribunal,

Bhubaneswar Bench, Bhubaneswar in Case No.OA-49/2024.

3. Heard.

4. The brief fact of the case is that on 30.09.2023 during

course of journey through Puri-Ajmer Express (20823) from

Khordha Road Railway Station to Ahmadabad Railway

Station, on the way near Bhusawal Railway Station the

Appellant/claimant fell down from the said train due to push

and pull of passengers inside the compartment. Accordingly,

Signed by: AYASKANTA JENA the appellant/claimant sustained grievous injuries. Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 21-Jan-2025 18:06:25 Thereafter, he was shifted to GMC Jilhapeth Jaikisarwadi

Civil Hospital, Jalgaon and admitted there vide MLC

No.015919/2023 and thereafter, he was shifted to Odisha. In

Odisha, on 04.10.2023 he was admitted at Hitech Medical

College, Bhubaneswar for further treatment.

5. Based on the information the Officer-in-Charge of the RPF,

Bhusawal Railway Station registered an UTI-29 Jakmi-6/2023

and took up investigation. In the final report the authority

concerned stated that the reason of amputation on the left

hand of the Appellant is due to fall down from the running

train. It is stated that the Appellant was travelling with a

valid ticket bearing No.UYB 90618028 dated 28.09.2023

which was also valid from KUR to ADI Railway Station.

6. Learned counsel for the Appellant further contends that

the learned Tribunal has awarded a sum of Rs.6,40,000/- in

favour of the Appellant. However, the Appellant is

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

further submits that since the Appellant is going through

financial hardship, he 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 06.12.2024 passed by the learned

Railway Claims Tribunal, Bhubaneswar Bench,

Bhubaneswar in Case No.OA-49/2024 and directs that the

Appellant shall be permitted to withdraw 50% of the amount

Signed by: AYASKANTA JENA as awarded in the judgment dated 06.12.2024. Designation: Personal Assistant Reason: Authentication 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