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2025 DAILYLAW 20751 (ORI)

DURGA ANJALI RUPINI v. UNION OF INDIA

FAO/111/2025 · 2025-03-27

S K Panigrahi

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.111 of 2025 Durga Anjali Rupini & Ors. …. Appellant(s) Mr. Karunakar Das, Adv. -versus- Union of India …. Respondent(s) Mrs. Pratima Nayak, CGC CORAM: HON’BLE DR. JUSTICE S.K. PANIGRAHI Order No. ORDER 27.03.2025 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 28.01.2025 passed by the learned Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar in Case No.OA(IIU)/30/2024. 3. Heard learned counsel for the Parties. 4. The brief fact of the case is that the deceased was working in a Hotel at Hyderabad city. To attain his Office/Hotel at Hyderabad City the deceased on 09.04.2023 after having a valid train ticket boarded the train bearing No.07029 at Agartala Railway Station. The said ticket was valid from Agartala to Secunderbad 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 between Rambha-Khalikote Section. Accordingly, the Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 02-Apr-2025 16:37:25 Signature Not Verified deceased died on the spot. Soon after getting the information about the said incident, the concerned I.O visited the spot and submitted his final report after completion of all the formalities. It is further pleaded that the deceased was a bona-fide passenger having a valid journey ticket bearing PNR No.6117713948 dated 31.03.2023. 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, the Appellants were permitted to withdraw only 10% of the awarded amount. He further submits that since the Appellants 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 28.01.2025 passed by the learned Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar in Case No.OA(IIU)/30/2024 and directs that the Appellants will be permitted to withdraw 50% of their respective shares as awarded in the judgment dated 28.01.2025. 7. This FAO is, accordingly, disposed of. (Dr. S.K. Panigrahi) Judge Ayaskanta Designation: Personal Assistant Signature Not Verified