Bishnupriya Maharana & vs Union Of India
2025 Latest Caselaw 1189 Ori

Orissa High Court

Bishnupriya Maharana & vs Union Of India on 14 July, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

                                         IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                         FAO No.304 of 2025
                                       Bishnupriya Maharana &          ....              Appellant(s)
                                       Ors.
                                                                    Mr. Pradeep Kumar Mishra, Adv.
                                                                 -versus-
                                       Union of India                  ....            Respondent (s)
                                                                            Mr. D. Harichandan, CGC
                                               CORAM:
                                               HON'BLE DR. JUSTICE S.K. PANIGRAHI

                                                                  ORDER

Order 14.07.2025 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/award dated

02.06.2025 passed by the learned Railway Claims Tribunal,

Bhubaneswar Bench, Bhubaneswar in case No.OA(IIU)/

202/2024.

3. Heard learned counsel for the respective Parties.

4. The brief fact of the case is that the deceased in order to

attend the first death anniversary of his mother at his native

village boarded the train named Prashanti Express at KSR

Bengaluru Railway Station as he was working as a labour at

Bengaluru. After departure of the said train the deceased

Designation: Personal Assistant near Kantakapalli Railway Station fell down from the said Reason: Authentication Location: High Court of Orissa Date: 15-Jul-2025 18:05:43 train due to sudden jerk and push and pull of passengers

inside the compartment. Due to such accident the deceased

died at the spot. Upon getting information regarding the said

accident the authority concerned of the Government Railway

Police (GRP), Vizianagaram registered a Criminal Case

bearing No.163/2024.

5. It is stated that the deceased was a bona fide passenger

and a valid journey ticket bearing No.UOH-20685169 was

recovered from him.

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 Appellant No.1 was

permitted to withdraw only 10% of her share from the

awarded amount. He further submits that since the

Appellants are going through financial hardship, they may

be permitted to withdraw 50% of their respective shares

from the said awarded amount.

7. In such view of the matter, this Court modifies only that

part of the judgment dated 02.06.2025 passed by the learned

Railway Claims Tribunal, Bhubaneswar Bench,

Bhubaneswar in Case No.OA(IIU)/202/2024 and directs that

the Appellant No.1 shall be permitted to withdraw 50% of

her share from the awarded amount as awarded in the

judgment dated 02.06.2025.

8. This FAO is, accordingly, disposed of.

Designation: Personal Assistant

Location: High Court of Orissa Date: 15-Jul-2025 18:05:43

(Dr. S.K. Panigrahi) Judge Ayaskanta