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Rabishankar Sahu Vs Union of India — Orissa HC (2025) — LawSathi Research

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Orissa HC
2025
Rabishankar Sahu Vs Union of IndiaRabishankar Sahu v. Union of India

Disposed¶7

Rabishankar Sahu v. Union of India

Railway compensation – withdrawal of awarded amount

Orissa HC16 Jul 2025FAO/171/2025

Case brief

AI extract

What is this about?

FAO No.171 of 2025, High Court of Orissa at Cuttack, Dr. Justice S.K. Panigrahi, order dated 16.07.2025. Appeal by Rabishankar Sahu (injured rail passenger) vs Union of India through General Manager, South Eastern Railway. Fall from running train near Kansbahal Railway Station on 14.09.2023 during journey on PNR No.830-8168540 (Vadodara to Chakradharpur); double leg amputation; Railway Claims Tribunal, Bhubaneswar Bench, OA(IIU)/17/2024 awarded Rs.8,00,000/- with 9% interest but capped interim withdrawal at Rs.80,000/-; Orissa High Court modified judgment to allow 50% withdrawal of compensation; FAO disposed. Keywords: railway claims tribunal appeal, compensation withdrawal, untoward incident, amputation, FAO disposal, no statute or precedent discussed.

What did the court decide?

Modification of the Tribunal's withdrawal restriction: the Appellant/claimant is permitted to withdraw 50% of his compensation amount as awarded in the judgment dated 10th October, 2024 (instead of the earlier limit of Rs.80,000/-); the FAO is disposed of accordingly.

Why is it important?

The High Court modified only the part of the Tribunal's judgment dated 10.10.2024 in OA(IIU)/17/2024 that dealt with withdrawal of the compensation. ¶6

What the court decided

AI extract

Outcome

Modification of the Tribunal's withdrawal restriction: the Appellant/claimant is permitted to withdraw 50% of his compensation amount as awarded in the judgment dated 10th October, 2024 (instead of the earlier limit of Rs.80,000/-); the FAO is disposed of accordingly.

Issue for consideration

Whether the Appellant, suffering from various diseases, may be permitted to withdraw his entire amount of compensation as awarded by the Railway Claims Tribunal, instead of being confined to the earlier restriction of Rs.80,000/-.

Court's answer

The High Court modified only the part of the Tribunal's judgment dated 10.10.2024 in OA(IIU)/17/2024 that dealt with withdrawal of the compensation.

Ratio / Principle

The Appellant/claimant is permitted to withdraw 50% of his compensation amount as awarded in the judgment dated 10th October, 2024.

Detailed headnote1 paragraphs

Railway compensation - withdrawal of awarded amount - FAO by injured claimant against judgment dated 10.10.2024 of Railway Claims Tribunal, Bhubaneswar Bench in OA(IIU)/17/2024, whereby Rs.8,00,000/- with interest @ 9% per annum (from date of incident, 14.09.2023) was awarded for injuries suffered in a fall from a running train near Kansbahal Railway Station on 14.09.2023 (travelling on PNR No.830-8168540, Vadodara to Chakradharpur), resulting in amputation of the right leg above the knee and left leg below the knee - the Tribunal had restricted initial withdrawal to Rs.80,000/- with proportionate interest - held, the impugned judgment is modified only to the extent that the Appellant/claimant is permitted to withdraw 50% of his compensation amount - FAO disposed of (Dr. S.K. Panigrahi, J.; order dated 16.07.2025).

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

FAO No.171 of 2025

Rabishankar Sahu ..... Appellant Mr. D ebasish Patnaik ,

Advocate

-versus-

Union of India represented ..... Respondents through General Manager, Ms. Pratima Nayak, CGC South Eastern Railway, Kolkata

CORAM:

Order

THE HON'BLE DR. JUSTICE S.K. PANIGRAHI ORDER

No. 16.07.2025

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 10.10.2024 passed by the learned Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar in Case No.OA(IIU)/17/2024.

3. Heard.

4. The brief fact of the case is that on 13^th September, 2023, the applicant named Rabishankar Sahu had commenced his journey at Vadodara Railway Station. It is averred that during course of journey on 14^th September, 2023, while the injured Applicant went to toilet to attend the call of nature, there was sudden jerk in the train and he

Page 1 of 3.

accidentally fell down from the running train near Kansbahal Railway Station and sustained injuries on his both legs. Just after the incident, he was rescued from the Railway track and shifted to CHC, Laing with the help of his relatives and other local people. Thereafter, he was shifted to Rourkela General Hospital (RGH), Rourkela and then he referred to VIMSAR, Burla for better treatment, where he was admitted from 18^th October, 2023 to 26^th October, 2023. During course of his treatment in the said Hospital, the doctor amputated his right leg above the knee and left leg below the knee. With regard to the journey ticket, it is averred that on the date of incident, he was travelling on the strength of one journey-cumreservation ticket bearing PNR No.830-8168540 dated 13^th September, 2023 from Vadodara to Chakradharpur Railway Station. Hence, this case.

5. Learned counsel for the Appellants submits that the learned Tribunal had awarded a sum of Rs.8,00,000/- in favour of the injured Applicant along with interest @ 9% per annum from the date of incident i.e. on 14^th September, 2023 till the payment without costs.

6. The Respondent Railway was directed to deposit the awarded amount within 30 days from the date of communication of that award with the Registry of that Bench. However, the Appellant was permitted to

Page 2 of 3.

withdraw only Rs.80,000/- of the awarded amount along with the proportionate share of interest which would be deposited in his savings Account opened in any Nationalized Bank near his place of permanent residence. He further submits that since the Appellant is suffering from various diseases, he may be permitted to withdraw his entire amount of compensation as awarded in the above noted judgment.

6. In such view of the matter, this Court modifies only that part of the judgment dated 10^th October, 2024 passed by the learned Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar in Case No.OA(IIU)/17/2024 and directs that the Appellant/claimant will be permitted to withdraw 50% of his compensation amount as awarded in the judgment dated 10^th October, 2024.

7. This FAO is, accordingly, disposed of.

(Dr. S.K. Panigrahi) Judge

Signature Not Verified

Digitally Signed Narayan Signed by: NARAYAN HO Reason: Authentication Location: OHC Date: 17-Jul-2025 19:35:26

Page 3 of 3.

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the Appellant, suffering from various diseases, may be permitted to withdraw his entire amount of compensation as awarded by the Railway Claims Tribunal, instead of being confined to the earlier restriction of Rs.80,000/-.¶6
The court held
The High Court modified only the part of the Tribunal's judgment dated 10.10.2024 in OA(IIU)/17/2024 that dealt with withdrawal of the compensation.ratio¶6

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment dated 10.10.2024 of the Railway Claims Tribunal, Bhubaneswar Bench in OA(IIU)/17/2024 awarding Rs.8,00,000/- compensation with interest @ 9% per annum, but restricting initial withdrawal to Rs.80,000/- with proportionate interest.¶2
Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar · 10.10.2024
Prior proceeding
On 14.09.2023, during a journey commenced on 13.09.2023 at Vadodara, the applicant went to the toilet when a sudden jerk occurred and he accidentally fell from the running train near Kansbahal Railway Station, sustaining injuries to both legs.¶4
Prior proceeding
During treatment (admitted at VIMSAR, Burla from 18.10.2023 to 26.10.2023), the doctors amputated his right leg above the knee and left leg below the knee.¶4
Prior proceeding
He was travelling on a journey-cum-reservation ticket, PNR No.830-8168540 dated 13.09.2023, from Vadodara to Chakradharpur Railway Station.¶4
Prior proceeding
The Tribunal awarded Rs.8,00,000/- with interest @ 9% per annum from the date of incident (14.09.2023) till payment, without costs (as submitted by learned counsel for the Appellants).¶5
Prior proceeding
The Respondent Railway was directed to deposit the awarded amount within 30 days of communication of the award with the Registry of that Bench.¶6
Prior proceeding
Under the Tribunal's order the Appellant was permitted to withdraw only Rs.80,000/- of the awarded amount along with proportionate interest, into a savings account in a nationalised bank near his place of permanent residence.¶6

Parties & counsel

AI extract

appellant
Rabishankar Sahu¶3
Debasish Patnaik
respondent
Union of India represented through General Manager, South Eastern Railway, Kolkata¶6
Pratima Nayak, CGC

Coram

AI extract

Dr. Justice S.K. Panigrahiauthor¶9

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 16 Jul 2025 · July
Registered: 16 Apr 2025
Case no.: FAO/171/2025
CNR: ODHC010184102025
Bench: S.k. Panigrahi
Disposal: Disposed Off
Case type: FAO

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Cite this judgement

Rabishankar Sahu v. Union of India, FAO/171/2025 (OD), decided on 16 July 2025.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Procedural history7

Judgment dated 10.10.2024 of the Railway Claims Tribunal, Bhubaneswar Bench in OA(IIU)/17/2024 awarding Rs.8,00,000/- compensation with interest @ 9% per annum, but restricting initial withdrawal to Rs.80,000/- with proportionate interest.Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar · 10.10.2024
On 14.09.2023, during a journey commenced on 13.09.2023 at Vadodara, the applicant went to the toilet when a sudden jerk occurred and he accidentally fell from the running train near Kansbahal Railway Station, sustaining injuries to both legs.
During treatment (admitted at VIMSAR, Burla from 18.10.2023 to 26.10.2023), the doctors amputated his right leg above the knee and left leg below the knee.

View full history

Bench / Coram

Dr. Justice S.K. Panigrahi

Parties & counsel