Maleena Gandhi & Ors vs Union Of India
2025 Latest Caselaw 5414 Ori

Orissa High Court

Maleena Gandhi & Ors 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.270 of 2020
        Maleena Gandhi & Ors.        .....                 Appellant(s)
                                                    Mr. Subrat Satpathy,
                                                                Advocate
                                    -versus-
        Union of India                 .....             Respondent(s)
                                                   Mr. P. K. Parhi, DSGI
                                                              Along with
                                                 Mr. D. Gochhayat,CGC
             CORAM:
              THE HON'BLE DR. JUSTICE S.K. PANIGRAHI
                                     ORDER

Order                               26.03.2025
No.

05. 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

08.01.2020 passed by the learned Railway Claims

Tribunal, Bhubaneswar Bench, Bhubaneswar in Case

No.OA(IIU)/310/2016.

3. Heard.

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

i.e. on 06.12.2016, the deceased after purchasing a valid

journey ticket, started journey from Titlagarh to Raipur,

boarded Train No.18425 Puri-Durg Express. The said

train was over-crowded. When the train halted at Khariar

Road Station, the deceased de-boarded the train to have a

bottle of water. While he was trying to re-board the train,

it started moving and he could not went inside the

compartment and accidentally fell down from the train

and died as a consequence thereof. The GRP authorities

initiated inquest proceedings on receipt of memo from

Station Superintendent, Railway Station Khariar road

dated 06.12.2016, intimating about fall of deceased from

the train. As per the conclusion drawn in DRM's report,

the deceased was travelling in the train with a valid

journey ticket. In the detailed report of Lalan Prasad

Singh, SI/RPF, the journey ticket along with a number of

other articles were recovered from the deceased during

inquest proceedings. Therefore, it is held that the

deceased was having a valid journey ticket for his travel

in the train and as such, was a bonafide passenger.

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 08.01.2020 passed by the

learned Railway Claims Tribunal, Bhubaneswar Bench,

Bhubaneswar in Case No.OA(IIU)/310/2016 and directs

that the Appellants/claimants will be permitted to

withdraw 50% of their share as awarded in the judgment

dated 08.01.2020.

7. This FAO is, accordingly, disposed of.

(Dr. S.K. Panigrahi) Judge

Sumitra

Location: High Court of Orissa, Cuttack