Harekrushna Sethi & Anr vs Union Of India & Anr
2025 Latest Caselaw 5925 Ori

Orissa High Court

Harekrushna Sethi & Anr vs Union Of India & Anr on 17 June, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

           IN THE HIGH COURT OF ORISSA AT CUTTACK

                           FAO No.224 of 2025
         Harekrushna Sethi & Anr.         ....               Appellant(s)
                                                Mr. Satyaban Sahoo, Adv.
                                     -versus-
         Union of India & Anr.            ....             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

05.03.2025 passed by the learned Railway Claims Tribunal,

Bhubaneswar Bench, Bhubaneswar in Case

No.OA(IIU)/66/2024.

3. Heard.

4. The brief fact of the case is that according to the original

claim application Abhiram Sethi (herein after referred to as

the deceased) was a student of Aryan College, Bhubaneswar

and on the date of incident i.e. on 30.07.2023, he was

travelling from Balasore to Bhubaneswar Railway Station by

12821 Dhauli Express train as a bona fide passenger. During

journey near Baitarani Road Railway Station, due to sudden

jerk of the train, he (deceased) accidentally fell down from

the running train and sustained injuries. It is averred that

just after the incident, he was rescued by the local people and

shifted him to the District Headquarter Hospital, Jajpur, by

108 Ambulance. Thereafter, he was referred to SCBMCH,

Cuttack, for better treatment. During course of treatment in

the said hospital, the doctor has declared him as dead. Based

upon the memo of CMO of SCBMCH, Cuttack, the Local

Police Station (IPS), Mangalabag, has registered a UD case

No. 1561/2023 and investigation into the matter. As regards

the ticket is concerned, it is averred by the Applicants that on

the date of incident their deceased son was travelling with a

valid journey ticket bearing No. UPG-09379601 dated

30.07.2023 Ex-Balasore to Bhubaneswar Railway Station.

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 Appellants

were permitted to withdraw only 10% of the awarded

amount. He further submits that since the Appellants are

going through financial hardships, they 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 05.03.2025 passed by the learned

Railway Claims Tribunal, Bhubaneswar Bench,

Bhubaneswar in Case No.OA(IIU)/66/2024 and directs that

the Appellants will be permitted to withdraw 50% of their

share as awarded in the judgment dated 05.03.2025.

7. This FAO is, accordingly, disposed of.

                                                                (Dr. S.K. Panigrahi)
                       Sumitra                                          Judge








Location: High Court of Orissa, Cuttack