Albina Engtipi & Ors vs Union Of India & Anr
2025 Latest Caselaw 5179 Ori

Orissa High Court

Albina Engtipi & Ors 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.86 of 2025
        Albina Engtipi & Ors.         .....                         Appellants
                                                            Mr. Satyaban Sahoo,
                                                                        Advocate
                                     -versus-
        Union of India & Anr.             .....                   Respondents
                                                  Mr. Satya Narayan Pattanaik,
                                                                             CGC
                                    CORAM:
                 THE HON'BLE DR. JUSTICE S.K. PANIGRAHI
                                      ORDER

Order                                20.03.2025
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 dated

12.12.2024 passed by the learned Railway Claims

Tribunal, Bhubaneswar Bench, Bhubaneswar in Case

No.OA(IIU)/79/2024.

3. Heard.

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

incident i.e. on 04.10.2023, the deceased named Debendra

Teron, was travelling from Bangalore to Guwahati

Railway Station by Train No.12509 (SMVT Bangalore-

Guwahati Express) as a bonafide passenger. During

journey on 06.10.2023 when the said train was running in

between Balugaon and Khurda Road Railway Station, he

accidentally fell down from the said train at KM No.

515/08-10 in between Solari-Gangadharpur railway

station and died on the spot. The dead body of the

deceased was first noticed by the on duty Key man-

Subash Jena, and he informed the matter to on duty

Station Superintendent (SS). Solari Railway Station. In

this connection, the Government Railway Police (GRP)

Nirakarpur, has registered an UD case No. 47/2023 dated

06.10.2023 and conducted enquiry about the matter. 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/-

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

were suffering from various diseases, they may be

permitted to withdraw their entire share as awarded in

the above noted judgment.

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

only that part of the judgment dated 12.12.2024 passed by

the learned Railway Claims Tribunal, Bhubaneswar

Bench, Bhubaneswar in Case No.OA(IIU)/79/2024 and

directs that the Appellant Nos.1, 2 & 3/claimants will be

permitted to withdraw 50% of their share as awarded in

the judgment dated 12.12.2024.

7. This FAO is, accordingly, disposed of.

(Dr. S.K. Panigrahi) Judge

Gitanjali