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Manju Raul& Ors vs Union Of India
2025 Latest Caselaw 5922 Ori

Citation : 2025 Latest Caselaw 5922 Ori
Judgement Date : 17 June, 2025

Orissa High Court

Manju Raul& Ors vs Union Of India on 17 June, 2025

Author: S.K. Panigrahi
Bench: S.K. Panigrahi
           IN THE HIGH COURT OF ORISSA AT CUTTACK

                            FAO No.231 of 2025
         Manju Raul& Ors.                  ....              Appellant(s)
                                                 Mr. Karunakar Das, Adv.
                                      -versus-
         Union of India                    ....             Respondent(s)
                                                  Mr. Milan Kumar, CGC
                   CORAM:
                   DR. JUSTICE S.K. PANIGRAHI

                                     ORDER
   Order                            17.06.2025
   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/order dated

16.04.2025 passed by the learned Railway Claims Tribunal,

Bhubaneswar Bench, Bhubaneswar in Case

No.OA(IIU)/133/2024.

3. Heard.

4. The brief fact of the case is that the appellants are being the

L.Rs of Late Dinabandhu Raul filed the original claim

application vide OA (IIU) No. 133 of 2024 before the learned

Railway Claims Tribunal, Bhubaneswar Bench,

Bhubaneswar stating therein that on 16.08.2022, the

Deceased along with one co-villager came to Chennai and

joined one GSP Construction Company as labourers. It is

further averred that on 20.08.2022 the deceased went to

Chennai Central Railway Station, purchased one general

ticket to travel to Berhampur Railway Station and boarded

some unknown, train and during journey the owner of the

company called back him due to some urgent work.

Immediately, he got down from the said train at Ongole

railway station and had purchased one general ticket and

boarded in Train No.22612 (Jaipaigudi-Chennai express) in

order to go Chennai railway station. During journey on

21.08.2022, due to sudden jerk of the said train, he

accidentally fell down from the running train at KM

No.246/23-25, UP line track in between Ulavapadu-Tettu

railway station and sustained injuries. On being noticed by

the on duty Key man, he immediately rushed to the spot and

shifted the injured to nearest hospital by 108 Ambulance,

Where the doctor declared him dead. With regard to the

ticket, it is averred by the Applicants that on the date of

incident, the deceased was travelling with a valid journey

ticket but the same was lost in the alleged incident.

5. Learned counsel for the Appellants submits that the

learned Tribunal had awarded a sum of Rs.8,00,000/-

(Rupees Eight Lakh Only) along with interest @ 9% per

annum in favour of the Appellants. However, the Appellant

No.1 was permitted to withdraw only 10% of the awarded

amount. He further submits that since the Appellant No.1 is

going through financial hardships, she may be permitted to

withdraw the entire awarded compensation amount.

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

part of the judgment dated 16.04.2025 passed by the learned

Railway Claims Tribunal, Bhubaneswar Bench,

Bhubaneswar in Case No.OA(IIU)/133/2024 and directs that

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

share as awarded in the judgment dated 16.04.2025.

7. This FAO is, accordingly, disposed of.





                                                                (Dr. S.K. Panigrahi)
                       Sumitra                                          Judge







Location: High Court of Orissa, Cuttack

 
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