Rama Pujari vs Union Of India ....... Opposite Party ...
2025 Latest Caselaw 9683 Ori

Orissa High Court

Rama Pujari vs Union Of India ....... Opposite Party ... on 6 November, 2025

Author: Sanjeeb K Panigrahi

Bench: Sanjeeb K Panigrahi

                              IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                  FAO No. 464 of 2025
                             Rama Pujari                               ........   Petitioner(s)
                                                                  Mr. Pradeep Kumar Mishra, Adv.
                                                       -Versus-
                             Union of India                           ....... Opposite Party (s)
                                                                       Ms. Pratima Nayak, CGC
                                      CORAM:
                                      DR. JUSTICE SANJEEB K PANIGRAHI
                                                   ORDER

06.11.2025 Order No.

01.

1. This matter is taken up through hybrid arrangement.

2. The present appeal at the instance of the claimants/appellant

is directed against the judgment dated 25.09.2025 passed by

the learned Railway Claims Tribunal, Bhubaneswar Bench,

Bhubaneswar in Case No.OA (IIU)/212/2024.

3. Heard learned counsel for the parties.

4. The brief fact of the case is that Biswanath Pujari (herein after

referred to as the deceased) was working as a labour at

Naval Dockyard of Visakhapatnam (AP). It is averred that on

the date of incident i.e. on .05.2024 the deceased was

travelling from Visakhapatnama railway station to Jeypore

railway station by Visakhapatnama-Kirandul Express Train

No. 18514 along with his co-villagers on the strength of one

Digitally Signed joint PNR tickets. It is mentioned that in course of journey

when the deceased went to toilet for call of nature, there was

a sudden jerk in the train and he accidentally fell down from

the running train at KM No. 862/2 to 868/4 near Penduti

railway station. The incident was noticed by his co-villager,

who was the co-passenger with the deceased and they tried

to pull the chain to stop the train and immediately they

informed the matter to railway authority. The Government

Railway Police Station, Visakhapatnam, has registered a UD

case No. 151/2024 dated 04.05.2024. With regard to the ticket,

it is submitted that the deceased was a bona fide passenger

and on the date of incident he was travelling along with

three other co-passengers with a valid PNR ticket bearing

No. UYB-78009833 dated 03.05.2024 Visakhapatnam to

Jeypore railway station.

5. It is stated that the deceased was a bonafide passenger.

6. Learned counsel for the Appellants submits that the learned

Tribunal had awarded a sum of Rs.8,00,000/- in favour of the

Appellant. However, the Appellant is permitted to withdraw

only 10% of the awarded amount. He further submits that

since the Appellant is going through financial hardship she

may be permitted to withdraw their entire share as awarded

in the above noted judgment.

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

of the judgment dated 25.09.2025 passed by the learned

Railway Claims Tribunal Bhubaneswar Bench, Bhubaneswar

in Case No.OA (IIU)/212/2024 and directs the Appellant shall

be permitted to withdraw 50% of her share as awarded in the

judgment dated 25.09.2025.

8. This FAO is, accordingly, disposed of.

( Dr. Sanjeeb K Panigrahi) Judge Murmu