Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.174 of 2025 Manasa Mudi & Anr. ..... Appellants Mr. Satyaban Sahoo,
Advocate -versus- Union of India & Anr. ..... Respondents Mr. Gopinath Sethi, Sr. Panel Counsel
CORAM:
THE HON'BLE DR. JUSTICE S.K. PANIGRAHI
Order No.
ORDER 25.04.2025
01.
1. This matter is taken up through hybrid arrangement.
2. The present appeal at the instance of the claimants/ appellants is directed against the judgment dated 27.02.2025 passed by the learned Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar in Case No.OA(IIU)/131 /2024.
3. Heard.
4. The brief fact of the case is that on 24/10/2019, Sukumar Mudi (herein after referred to as the deceased) was travelling from Bhubaneswar to Kharogpur Railway Station by Train No. 1 2838 i.e. Puri-Howrah Express train as a bona fide passenger. During course of journey, in between Nilagiri Road-Balesore railway station, due to sudden jerk, pull and push of passengers Inside the
Page 2 of 3. compartment, he (deceased) accidentally fell down from the said running train, sustained injury and died on the spot. On the basis of information given by Station Superintendent (SS), Balesore railway station, the Govt. Railway Police Station, (GRPS), Balesore, has registered an UD case bearing No. 97/2019 dated 25/10/2019 and took up investigation. It is averred by the Applicant that the deceased was a bona fide passenger and on the date of incident, he was travelling vide journey ticket bearing No. UYB-28147911 dated 24/10/2019 from Bhubaneswar to Kharagpur railway station.
5.
Learned counsel for the Appellants submits that the learned Tribunal had awarded a sum of Rs.8,00,000/- in favour of the Appellants. However, the Appellants were permitted to withdraw only 10% of the awarded amount. He further submits that since the Appellant were suffering from various diseases, they may be permitted to withdraw their entire share as awarded in the above noted judgment.
6. In such view of the matter, this Court modifies only that part of the judgment dated 27.02.2025 passed by the learned Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar in Case No.OA(IIU)/131/2024 and directs that the Appellants/claimants will be permitted to
Page 3 of 3. withdraw 50% of their share as awarded in the judgment dated 27.02.2025.
7. This FAO is, accordingly, disposed of.
(Dr. S.K. Panigrahi) Judge
Gitanjali