Surei Ahirwar & Anr vs Union Of India & Anr
2025 Latest Caselaw 2772 Ori

Orissa High Court

Surei Ahirwar & 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.443 of 2024
                                  Surei Ahirwar & Anr.                 ....               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 No. 20.01.2025

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 15.07.2024

passed by the learned Railway Claims Tribunal,

Bhubaneswar Bench, Bhubaneswar in Case

No.OA(IIU)/110/2023.

3. Heard.

4. The brief fact of the case is that on 25.06.2023 during

course of journey through Hirakud Express bearing

No.20808 from Damoh to Angul Railway Station, on the way

in between Jujuura and Charmal Railway Station the

deceased fell down from the said train due to sudden jerk

and push and pull of passengers inside the compartment.

Accordingly, the deceased died on 26.06.2023.

Designation: Personal Assistant 5. Based on the information of the concerned Station Master, Reason: Authentication Location: High Court of Orissa Date: 21-Jan-2025 18:06:25 the GRPS, Sambalpur registered an UD Case bearing

No.25/2023 dated 26.06.2023 and took up investigation. It is

stated that since the deceased was a minor being three years

old, as per the Railway Rules a child below five years old

does not require any valid journey ticket to travel along with

his/her parents. However, during course of enquiry, the

Police personnel recovered two tickets from the parents of

the deceased.

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 were

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

further submits that since the Appellants 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 15.07.2024 passed by the learned

Railway Claims Tribunal, Bhubaneswar Bench,

Bhubaneswar in Case No.OA(IIU)/110/2023 and directs that

the Appellants will be permitted to withdraw 50% of their

respective shares as awarded in the judgment dated

15.07.2024.

8. This FAO is, accordingly, disposed of.

Designation: Personal Assistant (Dr. S.K. Panigrahi)

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