Citation : 2025 Latest Caselaw 8955 Ori
Judgement Date : 10 October, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.429 of 2025
Suchitra Biswas @ Bose & .... Appellant(s)
Ors.
Mr. Satyaban Sahoo, Adv.
-versus-
Union of India & Anr. .... Respondent (s)
Smt. Nibedita Sahoo, CGC
CORAM:
HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI
Order ORDER No. 10.10.2025
01. 1. This matter is taken up through hybrid arrangement.
2. The present Appeal at the instance of the claimant(s)/
Appellant(s) is directed against the judgment dated
11.08.2025 passed by the learned Railway Claims Tribunal,
Bhubaneswar Bench, Bhubaneswar in Case No.OA
(IIU)/198/2024.
3. Heard.
4. The brief fact of the case is that the deceased was serving
as a Head Constable in the Central Reserve Industrial Force
(CISF). In order to attend the Official duty the deceased
boarded the train named SHM-SC Spl. Express train at
Santragachi Railway Station. During course of journey, due
to sudden jerk and push and pull of passengers inside the
compartment the deceased fell down from the said train in
Designation: Personal Assistant
between Balasore and Nilgiri Road railway Station. Location: High Court of Orissa Date: 13-Oct-2025 18:59:50
Accordingly, he died on the spot. Soon after the said incident
a criminal case vide UD Case No.47/2024 was registered. It is
submitted that the deceased was a bona fide passenger.
5. Learned counsel for the Appellants contends that the
learned Tribunal has awarded a sum of Rs.8,00,000/- along
with interest @ 9% per annum in favour of the Appellants.
However, only the Appellant Nos.1 & 3 were permitted to
withdraw 10% and 50% of their respective shares from the
said awarded amount. He further contends that since the
Appellant Nos.1 & 3 are going through financial hardship,
they may be permitted to withdraw the entire awarded
amount.
6. In such view of the matter, this Court modifies only that
part of the judgment dated 11.08.2025 passed by the learned
Railway Claims Tribunal, Bhubaneswar Bench,
Bhubaneswar in Case No.OA (IIU)/198/2024 and directs that
the Appellant Nos.1 & 3 will be permitted to withdraw 50%
of their respective shares from the awarded amount as
awarded in the judgment dated 11.08.2025.
7. This FAO is, accordingly, disposed of.
(Dr. Sanjeeb K Panigrahi) Judge Ayaskanta
Designation: Personal Assistant
Location: High Court of Orissa Date: 13-Oct-2025 18:59:50
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