Babita Devi & Anr vs Union Of India
2025 Latest Caselaw 5190 Ori

Orissa High Court

Babita Devi & Anr vs Union Of India on 20 March, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

                                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                FAO No.89 of 2025
                             Babita Devi & Anr.     .....                    Appellants
                                                                  Mr. Karunakar Das,
                                                                            Advocate
                                                    -versus-
                             Union of India             .....              Respondent
                                                                   Mr. Gopinath Sethi,
                                                                      Sr. Panel Counsel

                                                    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

16.01.2025 passed by the learned Railway Claims

Tribunal, Bhubaneswar Bench, Bhubaneswar in Case

No.OA(IIU)/28/2024.

3. Heard.

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

incident i.e. on 30.09.2022, the deceased named

Shatrudhan Singh, was travelling from Visakhapatnam to

Howrah Railway Station by Coromandal Express along

with the co-passengers on the strength of their respective

Digitally Signed journey tickets. It is averred that after passing of

Location: OHC Page 1 of 3.

Date: 24-Mar-2025 18:02:28 Berhampur railway station the deceased missed

somewhere and the co-passenger did not find him in th

train and got down at Khurda Road Railway Station. The

co-passenger came to know from Rail Madat that the

dead body of his deceased friend was lying in between

Chhatrapur-Ganjam sections and immediately he reached

to the spit along with RPF staff. In the meantime, he

informed the matter to the family members of the

deceased regarding the incident. After completion of post

mortem, the dead body was handed over to the family

members of the deceased and the doctor has opined that

all the injuries are ante mortem in nature and the

deceased died due to untoward incident. 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.AYA-30292176 dated 30.09.2022,

which was recovered from the possession of the

deceased.

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

Location: OHC Page 2 of 3.

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 16.01.2025 passed by

the learned Railway Claims Tribunal, Bhubaneswar

Bench, Bhubaneswar in Case No.OA(IIU)/28/2024 and

directs that the Appellants/claimants will be permitted to

withdraw 50% of their share as awarded in the judgment

dated 16.01.2025.

7. This FAO is, accordingly, disposed of.

                                                                (Dr. S. K. Panigrahi)
                                                                       Judge
             Gitanjali
Location: OHC                                                                Page 3 of 3.