Disposed¶32

Bini Behera v. Union of India

Orissa HC5 Apr 2025FAO/85/2025

Case brief

AI extract

What is this about?

Orissa High Court Cuttack; FAO No.85 of 2025; I.A. No.131 of 2025 delay condonation allowed; Railway Claims Tribunal Bhubaneswar Bench Case No.OA(IIU)/77/2024 judgment dated 20.09.2024 modified; railway untoward incident death claim; passenger fell from MGP-Chennai Mail Superfast Express between Vizianagaram and Korukonda Railway Stations on 27.10.2022; GRPS VZM UD Case No.130/2022; bona fide passenger ticket No.UYB-61728610; compensation Rs.8,00,000/-; withdrawal of share raised from 10% to 50% for Appellant No.1 Smt. Bini Behera on financial hardship; Union of India respondent; Dr. Justice S.K. Panigrahi; order dated 05.04.2025; FAO disposed of.

What did the court decide?

Delay in preferring FAO No.85 of 2025 condoned; Appellant No.1 permitted to withdraw 50% of her share of the amount awarded by the Railway Claims Tribunal (earlier restricted to 10%).

Bini Behera Vs Union of India — Orissa HC (2025) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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FAO No.85 of 2025

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Smt. Bini Behera & Ors.

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Appellant(s)

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Mr. Karunakar Das, Adv.

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-versus-

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Union of India

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…. Respondent(s) Mr. Jayonananda Panda, CGC

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CORAM:

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HON’BLE DR. JUSTICE S.K. PANIGRAHI

ORDER

Order

05.04.2025

No. I.A. No.131 of 2025

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1 . This matter is taken up through hybrid arrangement.

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

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preferring the FAO No.85 of 2025.

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3. Heard.

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4. Considering the submissions and on going through the averments made in this I.A., prayer is allowed. Delay in preferring the FAO No.85 of 2025 is, hereby, condoned.

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

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FAO No.85 of 2025

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6. The present appeal at the instance of the claimants/ Signature Not Verified appellants is directed against the judgment dated 20.09.2024 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 18:35:36No.OA(IIU)/77/2024.

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7. Heard.

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Page 1 of 3

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8. The brief fact of the case is that in order to maintain his livelihood the Petitioner along with his co-villagers on 27.10.2022 had been to Chennai through MGP-Chennai Mail Superfast Express. During course of journey from Berhampur Railway Station to Chennai Railway Station, on the way in between Vizianagaram and Korukonda Railway Station 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.

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9. Based on the information the GRPS, VZM took up investigation and registered an UD Case bearing No.130/2022. It is stated that the deceased was a bona fide passenger having journey ticket bearing No.UYB-61728610 and UPS No.6150DEC16D which was also recovered from the dead body of the deceased.

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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.

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Signature Not Verified

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Digitally Signed 11. In such view of the matter, this Court modifies only that Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication part of the judgment dated 20.09.2024 passed by the learned Location: High Court of O rissa Date: 07-Apr-2025 18:35:36Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar in Case No.OA(IIU)/77/2024 and directs that

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Page 2 of 3

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the Appellant No.1 shall be permitted to withdraw 50% of her share as awarded in the judgment dated 20.09.2024. 12. This FAO is, accordingly, disposed of.

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(Dr. S.K. Panigrahi)

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Judge

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Ayaskanta

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Signature Not Verified

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Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of O rissa Date: 07-Apr-2025 18:35:36

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Page 3 of 3

Bini Behera v. Union of India

Case brief

What is this about?

What did the court decide?

Bini Behera v. Union of India

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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