IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No. 301 of 2025 Kailash Nayak ..…... Appellant(s) Mr. Satyaban Sahoo, Adv. -Versus- Union of India & anr. ………. Respondent(s) Ms. S. Patra, CGC CORAM: DR. JUSTICE SANJEEB K. PANIGRAHI ORDER 14.08.2025 I.A. No.568 of 2025 Order No. 02. 1. This matter is taken up through hybrid arrangement. 2. This application has been filed for condoning the delay of 1238 days in preferring the Appeal. 3. Heard. 4. Considering the submissions and on going through the averments made in this I.A., prayer is allowed. Delay in preferring the Appeal is, hereby, condoned. 5. I.A. is disposed of. FAO No.301 of 2025 1. The present appeal at the instance of the claimant/appellant is directed against the judgment dated 10.11.2021 passed by the Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 18-Aug-2025 19:12:32 Signature Not Verified 2 learned Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar in Case No.OA (IIU)/327/2024. 2. Heard. 3. The brief fact of the case is that while the Appellant was travelling by Angul-Puri passenger train from Bhubaneswar to Puri railway station, on the way near Lingaraj Road railway station, due to push and pull of other passengers, he became imbalanced and accidentally fell down from the said train and sustained injury on his legs. Thereafter he was immediately shitted to Capital Hospital, then referred to SCBMC, Cuttack where during course of treatment, doctor amputated his left leg above thigh. It is further submitted by the injured that on the date of incident, he had purchased a railway ticket at Bhubaneswar railway station for travel to Puri but the said ticket was lost in the incident. 4. Learned counsel for the Appellants submits that the learned Tribunal had awarded a sum of Rs.5,60,000/- in favour of the Appellant. However, the Appellant permitted to withdraw only 10% of the awarded amount. He further submits that since the Appellant is suffering from various diseases, he may be permitted to withdraw their entire share as awarded in the above noted judgment. 5. In such view of the matter, this Court modifies only that part of the judgment dated 10.11.2021 passed by the learned Railway Claims Tribunal Bhubaneswar Bench, Bhubaneswar in Case Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 18-Aug-2025 19:12:32 3 No.OA (IIU)/327/2017 and directs the Appellant will be permitted to withdraw 50% as awarded in the judgment dated 10.11.2021. 6. This FAO is, accordingly, disposed of. ( Dr. Sanjeeb K. Panigrahi) Judge Murmu Designation: Personal Assistant