Dillip Kumar Biswal & Ors vs Union Of India .......... Opposite ...
2025 Latest Caselaw 5473 Ori

Orissa High Court

Dillip Kumar Biswal & Ors vs Union Of India .......... Opposite ... on 27 March, 2025

Author: S.K. Panigrahi

Bench: S.K. Panigrahi

                                    IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                        F.A.O. No. 480 of 2024
                                  Dillip Kumar Biswal & Ors.                   ........    Petitioner(s)
                                                                              Mr. Satyaban Sahoo, Adv.
                                                             -Versus-
                                  Union of India                        .......... Opposite Parties
                                                             Mr. Alok Kumar Mohanty, Sr. Panel Counsel

                                              CORAM:
                                              DR. JUSTICE S.K. PANIGRAHI
                                                             ORDER

27.03.2025 Order No. I.A. No.889 of 2024

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

2. This application has been filed for condoning the delay of 4

days in preferring the Appeal.

3. Heard.

4. Considering the submissions and on going through the

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

preferring the Appeal is, hereby, condoned.

5. I.A. is disposed of.

1. The present appeal at the instance of the claimants/ appellants

Signed by: LITARAM MURMU is directed against the judgment dated 5.07.2024 passed by the Designation: Personal Assistant Reason: Authentication Location: OHC Date: 28-Mar-2025 18:07:03

learned Railway Claims Tribunal, Bhubaneswar Bench,

Bhubaneswar in Case No.OA(IIU)/143/2019.

2. Heard.

3. The brief fact of the case is that on 11.06.2019 the deceased

Harihar Biswal was travelling by Jajpur-Kharagpur passenger

train from JJKR road to Bhadrak railway station and during

course of journey, on the way in between Manjuri road and

Kenduapada railway station, due to jerk of the train supported

by push and pull of passengers, the deceased accidentally fell

down from the said train, sustained injury and died on the spot.

It is stated that based on the information given by SM,

Kenduapada station, GRPS, Bhadrak, has registered an UD case

No.14/2019 and took up investigation. It is stated that on the

date of incident, the deceased was a bona fide passenger and

purchase of journey ticket and boarding of train by the deceased

was witnessed by the son of the deceased but the said ticket was

lost in the alleged incident.

4. 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 each. He further

Digitally Signed submits that since the Appellants are suffering from various

Designation: Personal Assistant Reason: Authentication Location: OHC Date: 28-Mar-2025 18:07:03

diseases, they may be permitted to withdraw the entire awarded

amount.

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

of the judgment dated 5.07.2024 passed by the learned Railway

Claims Tribunal, Bhubaneswar Bench, Bhubaneswar in Case

No.OA(IIU)/143/2019 and directs that the Appellants /claimants

will be permitted to withdraw 50% of their share as awarded in

the judgment dated 5.07.2024.

6. This FAO is, accordingly, disposed of.

( Dr. S.K. Panigrahi) Judge

Murmu

Designation: Personal Assistant