Citation : 2025 Latest Caselaw 9530 Ori
Judgement Date : 29 October, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.177 of 2025
Sandhyarani Das & Ors. .... Appellant(s)
Mr. Debasish Patnaik, Adv.
-versus-
Union of India .... Respondent (s)
Smt. Sanghamitra Rajguru, Sr.P.C.
CORAM:
HON'BLE DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
Order 29.10.2025
No. I.A. No.311 of 2025
02. 1. This matter is taken up through hybrid arrangement.
2. This I.A. is filed for condoning the delay in preferring the
FAO No.177 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 above noted FAO.
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
28.02.2024 passed by the learned Railway Claims Tribunal,
Bhubaneswar Bench, Bhubaneswar in case No.OA(IIU)/
27/2020.
Designation: Personal Assistant 7. Heard learned counsel for the respective Parties.
Location: High Court of Orissa Date: 30-Oct-2025 18:16:02
8. The brief fact of the case is that the deceased was a
Rickshaw puller. Due to some personal work he had been to
Rourkela. On 29.04.2019, while the deceased along with his
brother named Badan Das were returning from Rourkela to
their home at Purulia through train bearing No.58112, on the
way, the deceased fell down from the said train due to
sudden jerk and push and pull of passengers inside the
compartment. Due to the said accident the deceased died.
Accordingly, a criminal case vide UD Case No.11 dated
30.04.2019 was registered.
9. It is stated that the deceased was a bona fide passenger.
10. Learned counsel for the Appellants further contends that
the learned Tribunal has awarded a sum of Rs.8,00,000/- in
favour of the Appellants. However, the Appellant Nos.1 to 5
have been permitted to withdraw only 10% of their
respective shares from the said awarded amount. He further
submits that since the Appellant Nos.1 to 5 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 28.02.2024 passed by the learned
Railway Claims Tribunal, Bhubaneswar Bench,
Bhubaneswar in Case No.OA(IIU)/27/2020 and directs that
Designation: Personal Assistant the Appellant Nos.1 to 5 shall be permitted to withdraw 50% Reason: Authentication Location: High Court of Orissa Date: 30-Oct-2025 18:16:02
of their respective shares from the awarded amount as
awarded in the judgment dated 28.02.2024.
12. This FAO is, accordingly, disposed of.
(Dr. Sanjeeb K Panigrahi) Judge Ayaskanta
Designation: Personal Assistant
Location: High Court of Orissa Date: 30-Oct-2025 18:16:02
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