IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.597 of 2024 Haradhan Majhi & Anr. …. Appellant(s) Mr. Pradeep Kumar Mishra, Adv. -versus- Union of India …. Respondent(s) Mr. Alok Kumar Mohanty, CGC CORAM: DR. JUSTICE S.K. PANIGRAHI Order No. ORDER 08.01.2025 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 12.11.2024 passed by the learned Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar in Case No.OA(IIU)/40/2024. 3. Heard. 4. The brief fact of the case is that on 23.11.2022 in order to maintain their livelihood the deceased Manas Majhi along with his friends named Budhadev Dey and Santu Mandal had been to Chennai through Shalimar-Chennai Coromondal Express Train. During the journey, the deceased called his co-passengers to attend the call of nature, but while returning from the toilet of S-3 coach of the said train, the deceased Manas Majhi accidently fell down from the said train near Ramayapatnama Railway bridge of Ulavapadu Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 09-Jan-2025 17:32:38 Signature Not Verified Railway Station. Accordingly, he sustained severe injuries. Thereafter, he was shifted to the Area Hospital, Kaveli by 108 Ambulance. Since the condition of the deceased was serious he was shifted to the Madras Medical College, Hospital, Chennai, but unfortunately he succumbed to injuries on 28.11.2022. 5. Based on the written complaint lodged by the co- passengers regarding death of the deceased, the GRP, Ongle registered a case under Section 174 of the Cr.P.C vide FIR No.115/2022 dated 29.11.2022 and took up investigation. It is stated that the deceased was travelling vide EFT Challan No.677634 dated 23.11.2022 and the two co-passengers were travelling vide joint EFT bearing challan No.677632 dated 23.11.2022. During course of investigation, the GRP, Ongle recovered the said ticket along with EFT receipt from the possession of the deceased. 6. Learned counsel for the Appellant 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 each. He further submits that since the Appellants are suffering from various diseases, they may be permitted to withdraw the entire awarded compensation amount. 7. In such view of the matter, this Court modifies only that part of the judgment dated 12.11.2024 passed by the learned Railway Claims Tribunal, Bhubaneswar Bench, Designation: Personal Assistant Bhubaneswar in Case No.OA(IIU)/40/2024 and directs that the Appellants/claimants will be permitted to withdraw 50% of their share each as awarded in the judgment dated 12.11.2024. 8. This FAO is, accordingly, disposed of. (Dr. S.K. Panigrahi) Judge Ayaskanta Designation: Personal Assistant