IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.479 of 2024 Nila Gadaba & Ors. …. Appellant(s) Mr. Pradeep Kumar Mishra, Adv. -versus- Union of India …. Respondent(s) Mr. Rajesh Kumar Mohapatra, Sr. P.C CORAM: DR. JUSTICE S.K. PANIGRAHI Order No. ORDER 20.01.2025 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 28.08.2024 passed by the learned Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar in Case No.OA(IIU)/10/2024. 3. Heard. 4. The brief fact of the case is that on 21.05.2023 during course of journey through Dhanbad-Alappuzha (13351) express train from Visakhapatnam to Duvvada Railway Station, in between Gopalpatnam-Duvvada Railway Station the deceased fell down from the said train due to heavy rush inside the compartment. Accordingly, the deceased died on the spot. 5. Based on the information the GRP/Visakhapatnam registered a Criminal Case bearing No.183/2023 dated Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 21-Jan-2025 18:06:25 Signature Not Verified 21.05.2023 and took up investigation. It is stated that though the deceased was travelling with a valid ticket, the said ticket was lost due to the alleged accident. 6. 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 Appellants are permitted to withdraw only 10% of the awarded amount. He further submits that since the Appellant Nos.1, 3 & 4 are going through financial hardship, they may be permitted to withdraw the entire awarded amount. 7. In such view of the matter, this Court modifies only that part of the judgment dated 28.08.2024 passed by the learned Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar in Case No.OA(IIU)/10/2024 and directs that the Appellant Nos.1, 3 & 4 shall be permitted to withdraw 50% of their respective shares as awarded in the judgment dated 28.08.2024. 8. This FAO is, accordingly, disposed of. (Dr. S.K. Panigrahi) Judge Ayaskanta Designation: Personal Assistant