Jayanta Barik & Anr vs Union Of India & Anr
2025 Latest Caselaw 5181 Ori

Orissa High Court

Jayanta Barik & Anr 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.101 of 2025
        Jayanta Barik & Anr.          .....                        Appellants
                                                           Mr. Satyaban Sahoo,
                                                                       Advocate
                                     -versus-
        Union of India & Anr.              .....                 Respondents
                                                       Mr. Jyotirmaya Prasad
                                                                         Behera,
                                                             Sr. Panel Counsel
                                    CORAM:
                 THE HON'BLE DR. JUSTICE S.K. PANIGRAHI
                                      ORDER

Order                                20.03.2025
No.                              I.A No.147 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.101 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.101 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

12.11.2024 passed by the learned Railway Claims

Tribunal, Bhubaneswar Bench, Bhubaneswar in Case

No.OA(IIU)/128/2023.

7. Heard.

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

incident i.e. on 26.06.2023, the deceased named Ajay

Barik, along with two others were travelling from

Bhubaneswar to Jaleswar Railway Station on the strength

of their respective journey tickets. During course of

journey on the way near Baitarani Road railway over

bridge the deceased accidentally fell down from the

running train, sustained severe injuries on his person and

died on the spot. Based upon the report of Station

Manager (SM), Bhadrak, Government Railway Police

Station (GRPS), Bhadrak, has registered an UD case No.

41/2023 dated 27.06.2023 and conducted enquiry about

the matter. With regard to the ticket, it is averred by the

Applicants that on the date of incident, their deceased son

was travelling with a valid journey ticket but the same

was lost in the alleged incident.

9. 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.

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

only that part of the judgment dated 12.11.2024 passed by

the learned Railway Claims Tribunal, Bhubaneswar

Bench, Bhubaneswar in Case No.OA(IIU)/128/2023 and

directs that the Appellants/claimants will be permitted to

withdraw 50% of their share as awarded in the judgment

dated 12.11.2024.

11. This FAO is, accordingly, disposed of.

(Dr. S.K. Panigrahi) Judge

Gitanjali