Orissa High Court
Charke Shaw & 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.425 of 2024
Charke Shaw & Anr. .... Appellant(s)
Mr. Satyaban Sahoo, Adv.
-versus-
Union of India & Anr. .... Respondent(s)
Smt. S. Patro, CGC
CORAM:
DR. JUSTICE S.K. PANIGRAHI
ORDER
Order 20.01.2025
No. I.A. No.788 of 2024
01. 1. This matter is taken up through hybrid arrangement.
2. This application has been filed for condoning the delay in
preferring the FAO No.425 of 2024.
3. Heard.
4. Considering the submissions and on going through the
averments made in this I.A., prayer is allowed. Delay in
preferring the FAO No.425 of 2024 is, hereby, condoned.
5. I.A. is disposed of.
1. The present appeal at the instance of the claimants/
appellants is directed against the judgment dated 23.04.2024
passed by the learned Railway Claims Tribunal,
Bhubaneswar Bench, Bhubaneswar in Case
Signed by: AYASKANTA JENA No.OA(IIU)/63/2023.
Designation: Personal Assistant
Reason: Authentication
Location: High Court of Orissa
Date: 21-Jan-2025 18:06:25 3. Heard.
4. The brief fact of the case is that on 03.10.2022 the deceased
along with three other passengers were travelling by train
bearing No.2288 (Bangaluru-HWH weekly express) from
Bangaluru to Howrah Railway Station and during course of
journey in the said train, due to jerk and rush inside the
compartment, the deceased accidentally fell down in
between Basta and Amarda road railway station. Due to
such accident the deceased died on the spot.
5. Accordingly, based on the information given by the
Station Master, Basta Railway Station, the GRP, Balasore
registered an UD Case bearing No.88/2022 dated 04.10.2022
and took up investigation. It is also stated that on the date of
incident, the deceased was travelling as a bonafide passenger
having reserved journey ticket bearing No.268323528 and
PNR No.454-9730189 which was valid from Bangaluru to
Howrah Railway Station.
6. Learned counsel for the Appellants submits that the
learned Tribunal had 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
each. He further submits that since the Appellant No.1 is
suffering from various diseases, she may be permitted to
withdraw the entire awarded compensation amount.
Signed by: AYASKANTA JENA 7. In such view of the matter, this Court modifies only that
Designation: Personal Assistant
Reason: Authentication
Location: High Court of Orissa
Date: 21-Jan-2025 18:06:25 part of the judgment dated 23.04.2024 passed by the learned
Railway Claims Tribunal, Bhubaneswar Bench,
Bhubaneswar in Case No.OA(IIU)/63/2023 and directs that
the Appellant No.1/claimant will be permitted to withdraw
50% of her share as awarded in the judgment dated
23.04.2024.
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
