Sudashana Patra & Ors vs Union Of India
2025 Latest Caselaw 2766 Ori

Orissa High Court

Sudashana Patra & 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.416 of 2024
                                  Sudashana Patra & Ors.               ....            Appellant(s)
                                                                    Mr. Pradeep Kumar Mishra, Adv.
                                                                  -versus-
                                  Union of India                       ....          Respondent(s)
                                                                   Mr. Alok Kumar Mohanty, 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 03.07.2024

passed by the learned Railway Claims Tribunal,

Bhubaneswar Bench, Bhubaneswar in Case

No.OA(IIU)/14/2024.

3. Heard.

4. The brief fact of the case is that on 14.11.2021 during

course of journey through Ahmedabad-Puri Special Super-

Fast Train (02844) from Bharuch Junction to Brahmapur

Railway Station, near Niyol Railway Station the deceased fell

down from the said train. Accordingly, the deceased died on

the spot.

Designation: Personal Assistant 5. Based on the information the Kadadora GIDC Police Reason: Authentication Location: High Court of Orissa Date: 21-Jan-2025 18:06:25 Station registered an AD Case bearing No.115/2021 dated

15.11.2021 and took up investigation. It is stated that the

deceased was travelling with a valid ticket bearing

No.04018294 and PNR No.854-854-4227485 dated 14.11.2021

which was also valid from Bharuch Jn. to Brahmapur

Railway Station.

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, 4 & 5 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 03.07.2024 passed by the learned

Railway Claims Tribunal, Bhubaneswar Bench,

Bhubaneswar in Case No.OA(IIU)/14/2024 and directs that

the Appellant Nos.1, 4 & 5 shall be permitted to withdraw

50% of their respective shares as awarded in the judgment

dated 03.07.2024.

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