Gandharba Sahoo & vs Union Of India & Anr
2025 Latest Caselaw 5174 Ori

Orissa High Court

Gandharba Sahoo & vs Union Of India & Anr on 20 March, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  FAO No.84 of 2025
        Gandharba Sahoo &                .....                        Appellants
        Anr.                                                  Mr. Satyaban Sahoo,
                                                                          Advocate
                                        -versus-
        Union of India & Anr.                 .....                 Respondents
                                                         Ms. Pratima Nayak, CGC
                                       CORAM:
                    THE HON'BLE DR. JUSTICE S.K. PANIGRAHI
                                         ORDER

Order                                   20.03.2025
No.                                I.A. No.124 of 2025

 01.           1.      This   matter    is       taken   up    through      hybrid

               arrangement.

               2.      Heard.

3. This application has been filed for condoning the

delay in preferring the FAO No.84 of 2025.

4. Considering the submissions and on going

through the averments made in this I.A., prayer is

allowed. Delay in preferring the FAO No.84 of 2025 is,

hereby, condoned.

5. I.A. is disposed of.

6. The present appeal at the instance of the claimants/

appellants is directed against the judgment dated

14.11.2024 passed by the learned Railway Claims

Tribunal, Bhubaneswar Bench, Bhubaneswar in Case

No.OA(IIU)/10/2021.

7. Heard.

8. The brief fact of the case is that on the date of

incident i.e. on 07.09.2019, the deceased named

Gangadhar Sahoo, was travelling by Puri-Angul Fast

Passenger train from Bhubaneswar to Angul Railway

Station. During the journey, he accidentally fell down

from the train near Marthapur Railway Station and

sustained injury. Thereafter, he was taken to S.C.B

Medical College & Hospital, Cuttack, where doctor

declared him 'brought-dead' on 08.09.2019. Based upon

the information of the on duty Doctor of S.C.B Medical

College & Hospital, Cuttack, Mangalabag Police Station

has registered an UD case No.1749/2019 and took up

investigation into the matter. With regard to the ticket, it

is averred by the Applicants that the deceased Gangadhar

Sahoo was a bonafide passenger and before boarding into

the train, he had purchased a ticket to travel to Angul, but

the said ticket was lost in the alleged incident.

9. Learned counsel for the Appellants submits that

the learned Tribunal had awarded a sum of Rs.4,00,000/-

each in favour of the Appellants. However, the Appellant

No.2 had in the meantime died and her share has been

redistributed in favour of Appellant No.1. Hence, the

new share of the Appellant No.1 is Rs.8,00,000/-. The

Appellant No.1 was permitted to withdraw only 50% of

the awarded amount. He further submits that since the

Appellant No.1 is suffering from various diseases, he

may be permitted to withdraw his entire share as

awarded in the above noted judgment.

10. In such view of the matter, this Court modifies

only that part of the judgment dated 14.11.2024 passed by

the learned Railway Claims Tribunal, Bhubaneswar

Bench, Bhubaneswar in Case No.OA(IIU)/10/2021 and

directs that the Appellant No.1/claimant will be

permitted to withdraw 50% of his share as awarded in

the judgment dated 14.11.2024.

11. This FAO is, accordingly, disposed of.

(Dr. S.K. Panigrahi) Judge

Gitanjali