Parshuram Jena & Ors vs Union Of India & Anr
2025 Latest Caselaw 1267 Ori

Orissa High Court

Parshuram Jena & 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.302 of 2025
                                            Parshuram Jena & Ors.    ....             Appellant(s)
                                                                         Mr. Satyaban Sahoo, Adv.

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

Smt. S. Patra, CGC CORAM:

HON'BLE DR.JUSTICE S.K. PANIGRAHI

Order ORDER No. 15.07.2025

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

24.04.2025 passed by the learned Railway Claims Tribunal,

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

111/2024.

3. Heard learned counsel for the respective Parties.

4. The brief fact of the case is that the deceased along with

her husband and daughter were travelling from Cuttack to

Baripada Railway Station by Down Puri-Bangiriposi

Superfast Express Train bearing train No.12892. They all

were travelling with valid journey tickets. During course

of journey the deceased near Balasore Railway Station fell

down from the said train due to sudden jerk and push and

pull of passengers inside the compartment. Due to such Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 16-Jul-2025 17:04:43

accident the deceased died. Soon after the said accident an

UD Case bearing No.11/2024 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

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 24.04.2025 passed by the

learned Railway Claims Tribunal, Bhubaneswar Bench,

Bhubaneswar in Case No.OA(IIU)/111/2024 and directs

that the Appellants will be permitted to withdraw 50% of

their respective shares from the awarded amount as

awarded in the judgment dated 24.04.2025.

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