Dhira Naik & Ors vs Union Of India & Anr
2025 Latest Caselaw 5180 Ori

Orissa High Court

Dhira Naik & 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.88 of 2025
        Dhira Naik & Ors.             .....                         Appellants
                                                            Mr. Satyaban Sahoo,
                                                                        Advocate
                                     -versus-
        Union of India & Anr.             .....                   Respondents
                                                      Mr. Jagyan Balk Mohanty,
                                                                             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

08.01.2025 passed by the learned Railway Claims

Tribunal, Bhubaneswar Bench, Bhubaneswar in Case

No.OA(IIU)/132/2024.

3. Heard.

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

incident i.e. on 03.05.2023, the deceased named Susil

Naik, was travelling from Bhadrak to Chennai Central

Railway Station by Train No. 12841 (Coromandal express

train) on the strength of one general class journey ticket.

During journey due to sudden jerk of the train, he

(deceased) accidentally fell down from the running train

in between Baree-Kapilas Road Railway Station,

sustained injuries on his person and died on the spot. In

this connection based upon the report of Station

Superintendent (SS), Cuttack Railway Station, the

Government Railway Police Station (GRPS), Cuttack, has

registered an UD case No.29/2023 dated 04.05.2023 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 bearing No. UYB-66540814 dated 03.05.2023 Ex-

Bhadrak to Chennai Central Railway Station, which was

recovered from the possession of the deceased during

preparation of inquest made by GRPS/Cuttack.

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 08.01.2025 passed by

the learned Railway Claims Tribunal, Bhubaneswar

Bench, Bhubaneswar in Case No.OA(IIU)/132/2024 and

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

permitted to withdraw 50% of their share as awarded in

the judgment dated 08.01.2025.

7. This FAO is, accordingly, disposed of.

(Dr. S.K. Panigrahi) Judge

Gitanjali