Orissa High Court
Rabishankar Sahu vs Union Of India Represented on 16 July, 2025
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.171 of 2025
Rabishankar Sahu ..... Appellant
Mr. Debasish Patnaik,
Advocate
-versus-
Union of India represented ..... Respondents
through General Manager, Ms. Pratima Nayak, CGC
South Eastern Railway,
Kolkata
CORAM:
THE HON'BLE DR. JUSTICE S.K. PANIGRAHI
Order ORDER
No. 16.07.2025
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 dated
10.10.2024 passed by the learned Railway Claims Tribunal,
Bhubaneswar Bench, Bhubaneswar in Case
No.OA(IIU)/17/2024.
3. Heard.
4. The brief fact of the case is that on 13th September,
2023, the applicant named Rabishankar Sahu had
commenced his journey at Vadodara Railway Station. It is
averred that during course of journey on 14th September,
2023, while the injured Applicant went to toilet to attend
the call of nature, there was sudden jerk in the train and he
accidentally fell down from the running train near
Kansbahal Railway Station and sustained injuries on his
both legs. Just after the incident, he was rescued from the
Railway track and shifted to CHC, Laing with the help of
his relatives and other local people. Thereafter, he was
shifted to Rourkela General Hospital (RGH), Rourkela and
then he referred to VIMSAR, Burla for better treatment,
where he was admitted from 18th October, 2023 to 26th
October, 2023. During course of his treatment in the said
Hospital, the doctor amputated his right leg above the
knee and left leg below the knee. With regard to the
journey ticket, it is averred that on the date of incident, he
was travelling on the strength of one journey-cum-
reservation ticket bearing PNR No.830-8168540 dated 13th
September, 2023 from Vadodara to Chakradharpur
Railway Station. Hence, this case.
5. Learned counsel for the Appellants submits that the
learned Tribunal had awarded a sum of Rs.8,00,000/- in
favour of the injured Applicant along with interest @ 9%
per annum from the date of incident i.e. on 14th September,
2023 till the payment without costs.
6. The Respondent Railway was directed to deposit
the awarded amount within 30 days from the date of
communication of that award with the Registry of that
Bench. However, the Appellant was permitted to
withdraw only Rs.80,000/- of the awarded amount along
with the proportionate share of interest which would be
deposited in his savings Account opened in any
Nationalized Bank near his place of permanent residence.
He further submits that since the Appellant is suffering
from various diseases, he may be permitted to withdraw
his entire amount of compensation as awarded in the
above noted judgment.
6. In such view of the matter, this Court modifies only
that part of the judgment dated 10th October, 2024 passed
by the learned Railway Claims Tribunal, Bhubaneswar
Bench, Bhubaneswar in Case No.OA(IIU)/17/2024 and
directs that the Appellant/claimant will be permitted to
withdraw 50% of his compensation amount as awarded in
the judgment dated 10th October, 2024.
7. This FAO is, accordingly, disposed of.
(Dr. S.K. Panigrahi)
Judge
Narayan
