Utara Banachhor & Anr vs Union Of India & Anr
2025 Latest Caselaw 1265 Ori

Orissa High Court

Utara Banachhor & Anr vs Union Of India & Anr on 15 July, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

                                              IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                           FAO No.129 of 2025
                                            Utara Banachhor & Anr.   ....             Appellant(s)
                                                                         Mr. Satyaban Sahoo, Adv.

                                                                      -versus-
                                            Union of India & Anr.          ....             Respondent(s)

Mr. S. Rajguru, CGC CORAM:

HON'BLE DR.JUSTICE S.K. PANIGRAHI

Order ORDER No. 15.07.2025 I.A. No.196 of 2025

05. 1. This matter is taken up through hybrid arrangement.

2. This application has been filed for condoning the delay

in preferring the FAO.

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 is, hereby, condoned.

5. This I.A. is, accordingly, disposed of.

6. The present appeal at the instance of the Claimants/

Appellants is directed against the judgment/award dated

12.07.2024 passed by the learned Railway Claims Tribunal,

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

47/2021.

Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa

3. Heard learned counsel for the respective Parties. Date: 16-Jul-2025 17:04:43

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

attend some personal work at Sambalpur had boarded the

train named Durg-Puri Express train at Kantabanji

Railway Station. He was bona fide passenger. After

departure of the train the deceased in between TIG-Sikir

and Rehnbhata Railway Station fell down from the said

train due to sudden jerk and push and pull of passengers

inside the compartment. Due to such accident the

deceased died. Soon after the said accident an UD Case

bearing No.07/2019 dated 21.03.2019 was registered.

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

and a valid journey ticket 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

Appellants were permitted to withdraw only 10% of their

respective shares 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 12.07.2024 passed by the

learned Railway Claims Tribunal, Bhubaneswar Bench,

Designation: Personal Assistant Bhubaneswar in Case No.OA(IIU)/47/2021 and directs that Reason: Authentication Location: High Court of Orissa Date: 16-Jul-2025 17:04:43 the Appellants will be permitted to withdraw 50% of their

respective shares from the awarded amount as awarded in

the judgment dated 12.07.2024.

8. This FAO is, accordingly, disposed of.

(Dr. S.K. Panigrahi) Judge Ayaskanta

Designation: Personal Assistant

Location: High Court of Orissa Date: 16-Jul-2025 17:04:43