Pawan Sharma & Anr vs Union Of India
2025 Latest Caselaw 5251 Ori

Orissa High Court

Pawan Sharma & Anr vs Union Of India on 21 March, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

                         IN THE HIGH COURT OF ORISSA AT CUTTACK

                                              FAO No.80 of 2025

                      Pawan Sharma & Anr.                   ....              Appellant(s)
                                                                  Mr. Karunakar Das, Adv.

                                                       -versus-
                      Union of India                         ....            Respondent(s)
                                                                  Ms. Pratima Nayak, CGC

                                 CORAM:
                                 HON'BLE DR. JUSTICE S.K. PANIGRAHI
                                                ORDER

               Order                           21.03.2025
               No.                        I.A. No.121 of 2025

01. 1. This matter is taken up through hybrid arrangement.

2. This application has been filed for condoning the delay in

preferring the FAO No.80 of 2025.

3. Heard.

4. Considering the submissions and on going through the

averments made in this I.A., prayer is allowed. Delay in

preferring the FAO No.80 of 2025 is, hereby, condoned.

5. This I.A. is, accordingly, disposed of.

6. The present appeal at the instance of the claimants/

appellants is directed against the judgment dated 18.10.2024 Signature Not Verified passed by the learned Railway Claims Tribunal, Digitally Signed Signed by: AYASKANTA JENA Bhubaneswar Bench, Bhubaneswar in Case Designation: Personal Assistant Reason: Authentication No.OA(IIU)/53/2024. Location: High Court of Orissa Date: 24-Mar-2025 18:46:45

7. Heard.

8. The brief fact of the case is that on 03.08.2022 during

course of journey through Muzzafarpur Express from

Krishnarajpuram to Khagaria Jn Railway Station, on the way

in between Kaipadar and Khurdha Railway Station the

deceased fell down from the said train due to sudden jerk

and push and pull of passengers inside the compartment.

Accordingly, the deceased died.

9. Based on the information the GRPS, Kur registered an UD

Case bearing No.32/2022 dated 05.08.2022 and took up

investigation. It is stated that the deceased was a bona fide

passenger having journey ticket bearing No.UOF 76739915

dated 03.08.2022 which was also recovered by the Police

from the deceased.

10. Learned counsel for the Appellants further contends that

the learned Tribunal has 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 are going through

financial hardship, they may be permitted to withdraw the

entire awarded amount.

11. In such view of the matter, this Court modifies only that

part of the judgment dated 18.10.2024 passed by the learned Signature Not Railway Claims Tribunal, Bhubaneswar Bench, Verified Digitally Signed Signed by: AYASKANTA JENA Bhubaneswar in Case No.OA(IIU)/53/2024 and directs that Designation: Personal Assistant the Appellants will be permitted to withdraw 50% of their Reason: Authentication Location: High Court of Orissa Date: 24-Mar-2025 18:46:45

respective shares as awarded in the judgment dated

18.10.2024.

12. This FAO is, accordingly, disposed of.

(Dr. S.K. Panigrahi) Judge Ayaskanta

Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 24-Mar-2025 18:46:45