Sini Haiburu & Ors vs Union Of India & Anr
2025 Latest Caselaw 1266 Ori

Orissa High Court

Sini Haiburu & Ors 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.278 of 2025
                                            Sini Haiburu & Ors.       ....             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.505 of 2025

01. 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

01.01.2025 passed by the learned Railway Claims Tribunal,

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

85/2024.

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 on the strength of one

valid journey ticket the deceased along with his friend

were travelling from Rourkela to Balangir Railway Station

by Howrah Kantabanji Ispat Express Train. During course

of journey the deceased near Jharsuguda 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.15/2023 dated 27.03.2023

was registered.

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

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 Nos.1 to 3 were permitted to withdraw only

10% of their respective shares from the awarded amount.

He further submits that since the Appellant Nos.1 to 3 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 01.01.2025 passed by the

learned Railway Claims Tribunal, Bhubaneswar Bench,

Bhubaneswar in Case No.OA(IIU)/85/2024 and directs that

Designation: Personal Assistant the Appellant Nos.1 to 3 will be permitted to withdraw Reason: Authentication Location: High Court of Orissa Date: 16-Jul-2025 17:04:43

50% of their respective shares from the awarded amount

as awarded in the judgment dated 01.01.2025.

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