Orissa High Court
Nayama Bibi And Anr vs Union Of India on 7 November, 2025
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No. 453 of 2025
Nayama Bibi and Anr. ........ Appellant(s)
Mr. Karunakar Das, Adv.
-Versus-
Union of India ....... Respondent (s)
Ms. Pratima Nayak, CGC
CORAM:
DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
07.11.2025
I.A. No.896 of 2025
Order No.
01.
1. This matter is taken up through hybrid arrangement.
2. This I.A. under Section 5 of the Limitation Act has been filed for
condonation of delay in preferring the FAO No.453 of 2025.
3. Heard.
4. Considering the submissions made on behalf of the Parties and
looking to the averments made in this I.A., this Court condones the
delay in preferring the FAO No.453 of 2025.
5. This I.A is, accordingly, disposed of.
6. The present appeal at the instance of the Claimants/ Appellants is
directed against the judgment/award dated 02.07.2025 passed by
the learned Railway Claims Tribunal, Bhubaneswar Bench,
Bhubaneswar in case No.OA(IIU)/ 183/2024.
7. Heard learned counsel for the respective Parties.
8. The brief fact of the case is that, Rahul Amin (herein after referred
to as the deceased) was working as a labour at Hyderabad City of
Telegana State. In order to come his native village on 04.08.2016 he
purchased one general journey ticket and commenced his journey
from Hyderabad Decan railway station to travel to Malda railway
station by Train No.18646 East Coast Express train. During journey
on 05.08.2016 on the way Down main track near Amrada Road
Railway Station, he accidentally fell down from the running train,
sustained injuries. Just after the incident he was rescued by Fire
brigade vehicle and shifted to CHC Hospital, Rasagobindapur and
during treatment he died. Based upon the information of on duty
treating doctor, of Rasagobindapur Hospital, the Government
Railway Police Station (GRPS), Balasore, has registered a UD case
No.66/201 6 and conducted enquiry about the cause of death of the
deceased. With regard to the ticket, it is submitted that on the date
of incident the deceased was travelling with a valid journey ticket
bearing No.D-01361809 dated 04.08.2016 which was recovered
during inquest made by GRPS, Balasore.
9. It is stated that the deceased was a bona fide passenger.
Signed by: LITARAM MURMU 10.Learned counsel for the Appellants further contends that the
Date: 07-Nov-2025 18:01:46 learned Tribunal has awarded a sum of Rs.8,00,000/- in favour of
the Appellants. However, the Appellants have been permitted to
withdraw only 10% of their respective shares from the said
awarded amount. He further submits that since the Appellants are
going through financial hardship, they may be permitted to
withdraw 50% of their respective shares from the said awarded
amount.
11.In such view of the matter, this Court modifies only that part of the
judgment dated 02.07.2025 passed by the learned Railway Claims
Tribunal, Bhubaneswar Bench, Bhubaneswar in Case
No.OA(IIU)/183/2024 and directs that the Appellants shall be
permitted to withdraw 50% of their respective shares from the
awarded amount as awarded in the judgment dated 02.07.2025.
12.This FAO is, accordingly, disposed of.
( Dr. Sanjeeb K Panigrahi)
Judge
Murmu
