Orissa High Court
Bandana Palei & Ors vs Union Of India .......... Opposite ... on 10 March, 2025
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
F.A.O. No. 568 of 2024
Bandana Palei & Ors. ........ Petitioner(s)
Mr. Satyaban Sahoo, Adv.
-Versus-
Union of India .......... Opposite Parties
Mr. Alok Kumar Mohanty, Sr. Panel Counsel
CORAM:
DR. JUSTICE S.K. PANIGRAHI
ORDER
10.03.2025
Order No. I.A. No.1030 of 2024
01. 1. This matter is taken up through hybrid arrangement.
2. This application has been filed for condoning the delay of 13
days in preferring the Appeal.
3. Heard.
4. Considering the submissions and on going through the
averments made in this I.A., prayer is allowed. Delay in
preferring the Appeal is, hereby, condoned.
5. I.A. is disposed of.
1. The present appeal at the instance of the claimants/ appellants
Signed by: LITARAM MURMU is directed against the judgment dated 28.08.2024 passed by the
Designation: Personal Assistant
Reason: Authentication
Location: OHC
Date: 11-Mar-2025 18:35:17
learned Railway Claims Tribunal, Bhubaneswar Bench,
Bhubaneswar in Case No.OA(IIU)/106/2023.
2. Heard.
3. The brief fact of the case is that prior to the date of incident,
the deceased Srikant Palei had gone to Chennai for search of job
and when he failed to get Job at Chennai, he decided to return
to his native place at Baleswar. Accordingly, on 16.08.2023, the
deceased along with two co-passengers named Pintu Palei and
Gurbha Lohar boarded in the general class compartment of
Chennai-Howrah mail express train and undertook Journey
from Chennai to Baleswar railway station. It is stated that before
boarding into the train, the deceased had contacted his family
members about his return to home due to not getting any job at
Chennai. It is further stated that during course of journey in the
said train, on 17.08.2023, just before two kilometers before
Baleswar railway station, due to push and pull of passengers,
the deceased Srikant Palei accidentally fell down from the said
train at KM No.233/21-23, sustained injuries and found lying
near the track in between UP and Down track in injured
condition. It is further stated that, on seeing the deceased in
injured condition, nearby villager named Kartik intimated the
Digitally Signed matter to SMR, Baleswar through his mobile phone. After
Designation: Personal Assistant
Reason: Authentication
Location: OHC
Date: 11-Mar-2025 18:35:17
receiving message, SMR, Baleswar made station diary entry and
with the help of RPF, the injured was shifted to hospital by
ambulance where the doctor declared him dead on the same
day. It is further stated that based on the memo received from
SMR, Baleswar, IIC, Baleswar, GRPS registered an UD case
No.82/23 dated 18.08.2023, made inquest over the dead body
and sent the body for post mortem examination. It was stated
that the deceased was a bona fide passenger and on the date of
incident, he was travelling on the strength of a railway ticket
and the time of inquest, the I.O. seized the said ticket in
possession with the deceased.
4. Learned counsel for the Appellants submits that the learned
Tribunal had awarded a sum of Rs.8,00,000/- in favour of the
Appellants. However, the Appellants were permitted to
withdraw only 10% of the awarded amount each. He further
submits that since the Appellants are suffering from various
diseases, they may be permitted to withdraw the entire awarded
amount.
5. In such view of the matter, this Court modifies only that part
of the judgment dated 28.08.2024 passed by the learned Railway
Claims Tribunal, Bhubaneswar Bench, Bhubaneswar in Case
No.OA(IIU)/106/2023 and directs that the Appellants /claimants
Digitally Signed will be permitted to withdraw 50% of their share as awarded in
Designation: Personal Assistant
Reason: Authentication
Location: OHC
Date: 11-Mar-2025 18:35:17
the judgment dated 28.08.2024.
6. This FAO is, accordingly, disposed of.
( Dr. S.K. Panigrahi)
Judge
Murmu
Designation: Personal Assistant
