Lalita Nial & Ors vs Union Of India & Anr
2025 Latest Caselaw 7734 Ori

Orissa High Court

Lalita Nial & Ors vs Union Of India & Anr on 1 September, 2025

Author: Sanjeeb K. Panigrahi

Bench: Sanjeeb K. Panigrahi

                                             IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                               FAO No.332 of 2025

                                           Lalita Nial & Ors.               ....                 Appellant(s)
                                                                                    Mr. Satyaban Sahoo, Adv.
                                                                      -versus-
                                           Union of India & Anr.            ....               Respondent (s)
                                                                                     Smt. Sephalee Das, CGC



                                                   CORAM:
                                                   HON'BLE DR. JUSTICE SANJEEB K. PANIGRAHI

                                                                      ORDER

                                     Order                           01.09.2025
                                     No.                        I.A. No.633 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.332 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

allows the prayer made in this I.A. Delay in preferring the

FAO is, hereby, condoned.

5. This I.A. is, accordingly, disposed of.

6. The present appeal at the instance of the claimant(s)/

appellant(s) is directed against the judgment dated

03.06.2024 passed by the learned Railway Claims Tribunal,

Designation: Personal Assistant

Location: High Court of Orissa Date: 01-Sep-2025 18:25:06

Bhubaneswar Bench, Bhubaneswar in Case

No.OA(IIU)/29/2021.

3. Heard learned counsel for the Parties.

4. The brief fact of the case is that due to some personal work

the deceased being a labour had boarded the train named

Ahmedabad-Puri Express train at Ahmedabad 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. Accordingly, the

deceased died. Based on the information, a Criminal Case

vide UD Case No.24 of 2019 was registered. It is further

submitted that the deceased was a bona-fide passenger

having a valid journey ticket.

5. Learned counsel for the Appellant 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, the Appellant Nos.1 & 3 were permitted to

withdraw only 10% of their respective shares from the

awarded amount. He further submits 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 03.06.2024 passed by the learned

Designation: Personal Assistant

Location: High Court of Orissa Bhubaneswar in Case No.OA(IIU)/29/2021 and directs that Date: 01-Sep-2025 18:25:06

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 03.06.2024.

7. This FAO is, accordingly, disposed of.

(Dr. Sanjeeb K. Panigrahi) Judge Ayaskanta

Designation: Personal Assistant

Location: High Court of Orissa Date: 01-Sep-2025 18:25:06