Dhruba Charan Pahantasingh vs Union Of India & Anr
2025 Latest Caselaw 2765 Ori

Orissa High Court

Dhruba Charan Pahantasingh 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.18 of 2025
                                  Dhruba Charan Pahantasingh ....                         Appellant(s)
                                                                             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(IIU)/101/2024.

3. Heard.

4. The brief fact of the case is that on 09.05.2021 during

course of journey through MAS-HWH Express (02822) from

Chennai to Khordha Road Railway Station, near Khordha

Road Railway Station the deceased fell down from the said

train. Thereafter, he was shifted to hospital and accordingly,

during course of treatment the deceased died at the DHH

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

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

GRPS, Khordha Road Police Station registered an UD Case

bearing No.17 dated 10.05.2021 and took up investigation. In

the final report the authority concerned stated that the

reason of death of the deceased is due to fall from the

running train. It is stated that the deceased was travelling

with a valid ticket bearing No.50934673 and also excess fare

ticket bearing No.577521 dated 08.05.2021 which was also

valid from Chennai to Khurdha Road Railway Station.

6. Learned counsel for the Appellant further contends that

the learned Tribunal has awarded a sum of Rs.8,00,000/- 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(IIU)/101/2024 and directs that

the Appellant shall be permitted to withdraw 50% of the

amount as awarded in the judgment dated 06.12.2024.

8. This FAO is, accordingly, disposed of.

Signed by: AYASKANTA JENA                                                   Judge
Designation: Personal Assistant

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