Minati Jena & Ors vs Union Of India & Anr
2025 Latest Caselaw 2773 Ori

Orissa High Court

Minati Jena & Ors 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.473 of 2024
                                  Minati Jena & Ors.                   ....               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 07.08.2024

passed by the learned Railway Claims Tribunal,

Bhubaneswar Bench, Bhubaneswar in Case

No.OA(IIU)/162/2019.

3. Heard.

4. The brief fact of the case is that on 24.03.2019 during

course of journey through Bhadrak-Kharagpur memo Local

Train from Ranital to Balasore Railway Station, on the way in

between Khantapada-Niligiri Roal 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.

Designation: Personal Assistant 5. Based on the information the GRPS, Balasore registered an Reason: Authentication Location: High Court of Orissa Date: 21-Jan-2025 18:06:25 UD Case bearing No.21/2019 dated 25.03.2019 and took up

investigation. It is stated that though the deceased was

travelling with a valid ticket, the said ticket was lost due to

the alleged accident.

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 07.08.2024 passed by the learned

Railway Claims Tribunal, Bhubaneswar Bench,

Bhubaneswar in Case No.OA(IIU)/162/2019 and directs that

the Appellants will be permitted to withdraw 50% of their

respective shares as awarded in the judgment dated

07.08.2024.

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