Upasi Meher & Anr vs Union Of India & Anr
2025 Latest Caselaw 5182 Ori

Orissa High Court

Upasi Meher & 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.100 of 2025
        Upasi Meher & Anr.            .....                        Appellants
                                                           Mr. Satyaban Sahoo,
                                                                       Advocate
                                     -versus-
        Union of India & Anr.              .....                 Respondents
                                                           Mr. Gopinath Sethi,
                                                             Sr. Panel Counsel
                                    CORAM:
                 THE HON'BLE DR. JUSTICE S.K. PANIGRAHI
                                       ORDER

Order                                 20.03.2025
No.                              I.A. No.148 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.100 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.100 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

21.11.2024 passed by the learned Railway Claims

Tribunal, Bhubaneswar Bench, Bhubaneswar in Case

No.OA(IIU)/142/2023.

7. Heard.

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

incident i.e. on 07.07.2023, the deceased named Subendhu

Meher, was travelling by Train No.18125 Rourkela-Puri

Express train from Sambalpur to Puri Railway Station.

During the journey, on the way in between Jarpada

(JRPD) & Kerejanga (KPJG) Railway Station due to

sudden jerk, push and pull of passengers inside the

compartment, the deceased accidentally fell down from

the said running train and sustained multiple injuries and

died on 08.07.2023. Based upon the report of the Station

Superintendent (SS), Kerejanga Railway Station, the

Government Railway Police Station, (GRPS) Cuttack has

registered an UD case No.49/2023 dated 08.07.2023 and

took up investigation into 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 bearing No.UYB-90786173 dated 07/07/2023

Ex- Sambalpur to Puri Railway station, which was

recovered from the possession of the deceased during

preparation of inquest.

4. 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

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.

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

only that part of the judgment dated 21.11.2024 passed by

the learned Railway Claims Tribunal, Bhubaneswar

Bench, Bhubaneswar in Case No.OA(IIU)/142/2023 and

directs that the Appellants/claimants will be permitted to

withdraw 50% of their share as awarded in the judgment

dated 21.11.2024.

6. This FAO is, accordingly, disposed of.

(Dr. S.K. Panigrahi) Judge

Gitanjali