Parshuram Pradhan vs Union Of India & Anr
2025 Latest Caselaw 2779 Ori

Orissa High Court

Parshuram Pradhan 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.461 of 2024
                                  Parshuram Pradhan                    ....               Appellant(s)
                                                                             Mr. Satyaban Sahoo, Adv.
                                                                  -versus-
                                  Union of India & Anr.                ....               Respondent(s)

Mr. S.S. Kashayap, 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 claimant/

appellant is directed against the judgment dated 07.06.2022

passed by the learned Railway Claims Tribunal,

Bhubaneswar Bench, Bhubaneswar in Case

No.OA(IIU)/186/2018.

3. Heard.

4. The brief fact of the case is that on 23.11.2016 during

course of journey through Tapaswini Express train from

Rourkela Railway Station to Bhubaneswar Railway Station

on the way near Bhubaneswar Railway Station the claimant

fell down from the said train and sustained grievous injury.

5. Learned counsel for the claimant/Appellant submits that

soon after the accident, the claimant was shifted to the

Designation: Personal Assistant Capital Hospital, Bhubaneswar and then, he was referred to Reason: Authentication Location: High Court of Orissa Date: 21-Jan-2025 18:06:25 the SCB Medical College and Hospital, Cuttack. Due to such

accident the claimant lost his right leg below the knee. It is

stated that though the claimant was travelling with a valid

ticket, the said ticket was lost due to the accident.

6. Learned counsel for the Appellant further contends that

the learned Tribunal had awarded a sum of Rs.4,00,000/- in

favour of the Appellant. However, the Appellant was

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

further submits that since the Appellant is suffering from

various diseases, 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 07.06.2022 passed by the learned

Railway Claims Tribunal, Bhubaneswar Bench,

Bhubaneswar in Case No.OA(IIU)/186/2018 and directs that

the Appellant /claimant will be permitted to withdraw 50%

of the amount as awarded in the judgment dated 07.06.2022.

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