Smt. Laxmi Rani Das & vs Union Of India
2025 Latest Caselaw 5412 Ori

Orissa High Court

Smt. Laxmi Rani Das & vs Union Of India on 26 March, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

               IN THE HIGH COURT OF ORISSA AT CUTTACK
                                FAO No.522 of 2024
        Smt. Laxmi Rani Das &           .....                    Appellant(s)
        Ors.                                           Mr. Bishnu Brata Singh
                                                                      Advocate
                                       -versus-
        Union of India                    .....                 Respondent(s)
                                                         Mr. P. K. Parhi, DSGI
                                                                    Along with
                                                  Mr. Gopinath Sethy, Sr. Panel
                                                                       Counsel
                CORAM:
                THE HON'BLE DR. JUSTICE S.K. PANIGRAHI
                                        ORDER

Order                                  26.03.2025
No.

02. 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

12.08.2024 passed by the learned Railway Claims

Tribunal, Bhubaneswar Bench, Bhubaneswar in Case

No.OA(IIU)/55/2023.

3. Heard.

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

i.e. on 03.08.2018, the deceased Satyajit Das was travelling

by East Coast Express train from Baleswar to Soro

railway station and during course of journey, due to push

and pull of co-passengers, he accidentally fell down from

the said train in between Nilgiri Road and Khantapada

rallway station at KM No.242/27-29, sustained injuries

and died on the spot. Based on the memo of SMR, Nilgiri

road, IIC, Baleswar GRPS, has registered an UD case

No.60 dated 03.08.2018, made inquest in presence of

witnesses and sent the body for post mortem to DHQ

hospital, Baleswar. It is stated that on the date of incident,

the deceased Sayajit Das had purchased a valid journey

ticket from the ticket counter of Baleswar railway station

but the said ticket was lost in the said incident..

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 Appellant No.1

was permitted to withdraw only 10% of the awarded

amount. He further submits that since the Appellant No.1

is 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 12.08.2024 passed by the

learned Railway Claims Tribunal, Bhubaneswar Bench,

Bhubaneswar in Case No.OA(IIU)/55/2023 and directs

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

withdraw 50% of their share as awarded in the judgment

dated 12.08.2024.

7. This FAO is, accordingly, disposed of.

(Dr. S.K. Panigrahi) Judge

Sumitra

Location: High Court of Orissa, Cuttack