Rinki Devi & Anr vs Union Of India .......... Opposite ...
2025 Latest Caselaw 4840 Ori

Orissa High Court

Rinki Devi & Anr 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. 602 of 2024
                                  Rinki Devi & Anr.                         ........    Petitioner(s)
                                                                           Mr. Satyaban Sahoo, Adv.
                                                         -Versus-
                                  Union of India                     .......... Opposite Parties
                                                                      Mr. Dilip Kumar Sahu, CGC
                                               CORAM:
                                               DR. JUSTICE S.K. PANIGRAHI
                                                         ORDER

10.03.2025 Order 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 dated 30.10.2024 passed by the

learned Railway Claims Tribunal, Bhubaneswar Bench,

Bhubaneswar in Case No.OA(IIU)/61/2024.

3. Heard.

4. The brief fact of the case is that on 26.11.2023, the deceased

Ritu Kumari Yadav was travelling along with her mother,

Appellant No.1, by train No.18106, Jayanagar Express from

Samastipur to Rourkela railway station. During the journey on

27.11.2023 , she went to toilet and while returning to her seat,

due to Jerk of the train, she accidentally fell down from the said

Digitally Signed train at KM No.408/25-27 in between K/Cabin and Rourkela

Designation: Personal Assistant Reason: Authentication railway station, sustained injury and died on the spot. It is Location: OHC Date: 11-Mar-2025 18:35:17

stated that on the basis of information given by Station Master,

Bondamunda, Government Railway Police Station,

Bondamunda has registered an UD case No.14/2023 and took up

investigation. It was pleaded that on the date of incident, the

deceased was a bona fide passenger as she was travelling along

with her mother on the strength of a ticket bearing No.URF

98272440 and UTS No. F061DNX597 dated 26.11.2023.

5. 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.

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

of the judgment dated 30.10.2024 passed by the learned Railway

Claims Tribunal, Bhubaneswar Bench, Bhubaneswar in Case

No.OA(IIU)/61/2024 and directs that the Appellants /claimants

will be permitted to withdraw 50% of their share as awarded in

the judgment dated 30.10.2024.

7. This FAO is, accordingly, disposed of.

Designation: Personal Assistant
Reason: Authentication                                             ( Dr. S.K. Panigrahi)
Location: OHC
Date: 11-Mar-2025 18:35:17                                                 Judge
  Murmu