Disposed¶25

Sabita Mahato v. Union of India

Railway compensation – release of awarded amount

Orissa HC9 Jan 2026FAO/548/2025

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What is this about?

Orissa High Court, Cuttack; FAO No. 548 of 2025; Sabita Mahato v. Union of India; order dated 09.01.2026; Dr. Sanjeeb K Panigrahi, J. Enhancement of permissible interim withdrawal from 10% to 50% of the claimant's share of the Rs.8,00,000/- award passed by the Railway Claims Tribunal, Bhubaneswar Bench in OA (IIU)/07/2024, arising from the death of a bona fide passenger who fell from running Train No. 22861 (Howrah-Kantabanji Ispat Express) at Rourkela yard on 12.02.2023; FAO disposed of.

What did the court decide?

Permission to withdraw 50% of her share of the awarded amount (earlier restricted to 10%), by modification of the Tribunal's judgment dated 04.04.2025; FAO disposed of accordingly. ¶25

Sabita Mahato Vs Union of India — Orissa HC (2026) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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FAO No. 548 of 2025

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Sabita Mahato

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..…... Appellant(s) Mr. Debasish Patnaik, Adv.

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-Versus-

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Union of India

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……. Respondent(s) Mr. Abhishek Mohanty, CGC

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CORAM:

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DR. JUSTICE SANJEEB K PANIGRAHI

ORDER

09.01.2026

Order No.

This matter is taken up through hybrid arrangement.

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The present appeal at the instance of the Claimants/Appellants is directed against the judgment/award dated 04.04.2025 passed by the learned Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar in case No.OA (IIU)/07/2024.

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Heard learned counsel for the respective parties.

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The brief fact of the case is that on 12.02.2023, Prakash Mahato (herein after referred to as the deceased) commenced his journey by boarding in Train No. 22861 (Howrah-Kantabanji Ispat Express) from Tatangar Railway Station to travel to Rourkela Railway Station as a bona fide passenger. It is averred that on the said date the train was over crowded with passengers, and the deceased was compelled to travel by standing near the gate of the compartment. During course of journey, due to sudden jerk, the

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Signature Not Verified

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Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 12-Jan-2026 14:13:00

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deceased become imbalanced and accidentally fell down from the said running train at Rourkela yard, sustained injury and died on the spot. With regard to the ticket, it is averred by the Applicant that on the date of incident, the deceased was travelling with a valid journey ticket but the same was lost in the alleged incident.

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It is stated that the deceased was a bona fide passenger.

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Learned counsel for the Appellant further contends that the learned Tribunal has awarded a sum of Rs.8,00,000/- in favour of the Appellant. However, the Appellant has been permitted to withdraw only 10% of her share from the said awarded amount. He further submits that since the Appellant is going through financial hardship, she may be permitted to withdraw 50% of from the said awarded amount.

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In such view of the matter, this Court modifies only that part of the judgment dated 04.04.2025 passed by the learned Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar in Case No.OA(IIU)/07/2024 and directs that the Appellant shall be permitted to withdraw 50% of her share from the awarded amount as awarded in the judgment dated 04.04.2025.

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This FAO is, accordingly, disposed of.

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( Dr. Sanjeeb K Panigrahi) Judge

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Murmu Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 12-Jan-2026 14:13:00

Sabita Mahato v. Union of India

Case brief

What is this about?

What did the court decide?

Sabita Mahato v. Union of India

Case brief

What is this about?

What did the court decide?

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