Pinki Swain & Ors vs Union Of India & Anr
2025 Latest Caselaw 5217 Ori

Orissa High Court

Pinki Swain & Ors vs Union Of India & Anr on 21 March, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                                FAO No.106 of 2025
        Pinki Swain & Ors.            .....                  Appellant(s)
                                                      Mr. Satyaban Sahoo,
                                                                 Advocate
                                     -versus-
        Union of India & Anr.           .....              Respondent(s)
                                                     Mr. P. K. Parhi, DSGI
                                                               Along with
                                                Mr. Sudhanshu M Pattnaik,
                                                                      CGC
             CORAM:
              THE HON'BLE DR. JUSTICE S.K. PANIGRAHI
                                      ORDER

Order                                21.03.2025
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

02.01.2025 passed by the learned Railway Claims

Tribunal, Bhubaneswar Bench, Bhubaneswar in Case

No.OA(IIU)/32/2024.

3. Heard.

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

i.e. on 18.10.2023 Jagannath Swain (herein after referred

to as the deceased) was travelling from Visakhapatnam to

Cuttack Railway Station by Train No. 18046 East Coast

Express train on the strength of one valid journey ticket.

During journey, due to sudden jerk and push and pull of

passengers inside the compartment, he accidentally fell

down from the said train in between Baranga-Cuttack

sections, sustained injuries on his person and died on

19.10.2023. Based upon the information of Station Master,

Cuttack railway station, the Government Railway Police

Station (GRPS), Cuttack, has registered a UD case No.

75/2023 and took up investigation into the case. 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-75663272 dated

18.10.2023 Ex-VSKP to Cuttack Railway Station, which

was recovered from the possession of the deceased

during preparation of inquest.

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 02.01.2025 passed by the

learned Railway Claims Tribunal, Bhubaneswar Bench,

Bhubaneswar in Case No.OA(IIU)/32/2024 and directs

that the Appellant No.1 /claimants will be permitted to

withdraw 50% of their share as awarded in the judgment

dated 02.01.2025.

7. This FAO is, accordingly, disposed of.

(Dr. S.K. Panigrahi) Judge

Sumitra

Location: High Court of Orissa, Cuttack