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

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

What the court decided

AI extract

Outcome

Delay in filing FAO No.81 of 2025 condoned (I.A. No.122 of 2025 allowed and disposed of); judgment dated 18.10.2024 of the learned Railway Claims Tribunal, Bhubaneswar Bench in Case No.OA(IIU)/71/2024 modified only in part so that Appellant No.1 is permitted to withdraw 50% of her share (instead of the 10% earlier permitted) of the awarded sum; FAO disposed of.

Issue for consideration

Whether the delay in preferring FAO No.81 of 2025 ought to be condoned (I.A. No.122 of 2025). +1 more

Court's answer

The delay in preferring FAO No.81 of 2025 is condoned; the prayer in I.A. No.122 of 2025 is allowed and the I.A. is disposed of.

Ratio / Principle

This Court modifies only that part of the judgment dated 18.10.2024 passed by the learned Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar in Case No.OA(IIU)/71/2024 which concerns the withdrawal share of Appellant No.1.

Key takeaways

Appellant No.1 shall be permitted to withdraw 50% of her share as awarded in the judgment dated 18.10.2024, in place of the 10% of her share earlier permitted.ratio¶28

Detailed headnote1 paragraphs

FAO No.81 of 2025 (High Court of Orissa at Cuttack; Coram: Dr. Justice S.K. Panigrahi; Order dated 05.04.2025). I.A. No.122 of 2025 praying for condonation of delay in preferring the FAO is allowed and the delay condoned. The appeal by the claimants-appellants (Jhilli Sahu & Ors., through Mr. Karunakar Das, Adv.) is directed against the judgment dated 18.10.2024 of the learned Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar in Case No.OA(IIU)/71/2024. Facts: on 25.10.2023, during journey by Hirakhanda Express Train (18448) from Rayagada to Berhampur, the deceased fell from the train between Golanthara and Berhampur due to sudden jerk and push and pull of passengers and died on the spot; the deceased was a bona fide passenger whose journey ticket No.UYA-30789997 dated 24.10.2023 was recovered from the dead body; GRPS, Berhampur investigated. The Tribunal had awarded Rs.8,00,000/- in favour of the appellants, permitting Appellant No.1 to withdraw only 10% of her share. On the plea of financial hardship of Appellant No.1, the Court modifies only that part of the judgment dated 18.10.2024 and directs that Appellant No.1 shall be permitted to withdraw 50% of her share as awarded. FAO disposed of. Respondent Union of India represented by Mr. Ajay Kumar Roy, Sr. P.C.

IN THE HIGH COURT OF ORISSA AT CUTTACK

FAO No.81 of 2025

Jhilli Sahu & Ors.

Appellant(s)

Mr. Karunakar Das, Adv.

-versus-

Union of India

…. Respondent(s) Mr. Ajay Kumar Roy, Sr. P.C

CORAM:

HON’BLE DR. JUSTICE S.K. PANIGRAHI

ORDER

Order 05.04.2025

No. I.A. No.122 of 2025

1 . This matter is taken up through hybrid arrangement.

2. This application has been filed for condoning the delay in

preferring the FAO No.81 of 2025.

3. Heard.

4. Considering the submissions and on going through the averments made in this I.A., prayer is allowed. Delay in preferring the FAO No.81 of 2025 is, hereby, condoned.

5. This I.A. is, accordingly, disposed of.

FAO No.81 of 2025

6. The present appeal at the instance of the claimants/ Signature Not Verified appellants is directed against the judgment dated 18.10.2024 Digitally Signed passed by the learned Railway Claims Tribunal, Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Bhubaneswar Bench, Bhubaneswar in Case Location: High Court of O rissa Date: 07-Apr-2025 18:35:37No.OA(IIU)/71/2024.

7. Heard.

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8. The brief fact of the case is that on 25.10.2023 during course of journey through Hirakhanda Express Train (18448) from Rayagada to Berhampur Railway Station, on the way in between Golanthara and Berhampur the deceased fell down from the said train due to sudden jerk and push and pull of passengers inside the compartment. Accordingly, the deceased died on the spot.

9. Based on the information the GRPS, Berhampur took up investigation and submitted his report. It is stated that the deceased was a bona fide passenger having journey ticket bearing No.UYA-30789997 dated 24.10.2023 which was also recovered from the dead body of the deceased.

10. 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 Appellant No.1 was permitted to withdraw only 10% of her share. He further submits that since the Appellant No.1 is going through financial hardship, she may be permitted to withdraw 50% of her share from the said awarded amount.

11. In such view of the matter, this Court modifies only that part of the judgment dated 18.10.2024 passed by the learned Signature Not VerifiedRailway Claims Tribunal, Bhubaneswar Bench, Digitally Signed Bhubaneswar in Case No.OA(IIU)/71/2024 and directs that Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication the Appellant No.1 shall be permitted to withdraw 50% of Location: High Court of O rissa Date: 07-Apr-2025 18:35:37her share as awarded in the judgment dated 18.10.2024.

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12. This FAO is, accordingly, disposed of.

(Dr. S.K. Panigrahi)

Judge

Ayaskanta

Signature Not Verified

Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of O rissa Date: 07-Apr-2025 18:35:37

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