Orissa High Court
FAO/902/2026 of SOMAVARI DEVI Vs UNION OF INDIA on 3 September 2026
HIGH COURT OF ORISSA AT CUTTACK FAO No.902 of 2026 CNR No. ODHC010591792026 Somavari Devi & Ors. …. Appellants Mr. D. Patnaik, Advocate -versus- Union of India …. Respondents Mr. G. Sethi, Sr. Panel Counsel CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 03.09.2026 I.A.
IN THE HIGH COURT OF ORISSA AT CUTTACK
FAO No.902 of 2026
CNR No. ODHC010591792026
Somavari Devi & Ors.
….
Appellants
Mr. D. Patnaik, Advocate
-versus-
Union of India
….
Respondents
Mr. G. Sethi, Sr. Panel Counsel
CORAM:
JUSTICE BIRAJA PRASANNA SATAPATHY
Order No.
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ORDER
03.09.2026
I.A. No.1185 of 2026
01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
2. Heard learned counsel appearing for the Parties.
3. Considering the grounds taken and the fact that appeal has been filed by the claimant, this Court is inclined to condone the delay in filing of the appeal subject to payment of cost of Rs.1,000/- before the Juvenile Justice Fund managed by the State Legal Service Authority by 07.09.2026.
4. Accordingly, the I.A stands disposed of.
(Biraja Prasanna Satapathy)
Judge
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FAO No.902 of 2026
02. 1. Heard learned counsel appearing for the Parties.
2. The present appeal at the instance of the Claimants/ Appellants is directed against the judgment/award dated 11.02.2026 passed by the learned Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar in case No. OA(IIU)/ 91/2025.
3. The brief fact of the case is that on dtd.25.08.2024, the deceased was travelling from Hatia to Bhubaneswar railway station by Train No.184519 Tapaswini Express train and on the way, the deceased accidentally fell down from the said train and died on the spot. Accordingly, a criminal case vide UD Case No.59 dated 26.08.2024 was registered.
4. It is stated that the deceased was a bona fide passenger.
5. 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 has been permitted to withdraw only 10% of her respective shares from the said awarded amount. He further submits that since the Appellant No.1 is going through financial hardship, she
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may be permitted to withdraw 50% of her respective shares from the said awarded amount.
6. In such view of the matter, this Court modifies only that part of the judgment dated 11.02.2026 passed by the learned Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar in Case No. OA(IIU)/91/2025 and directs that the Appellant No.1 shall be permitted to withdraw 50% of her share from the awarded amount as awarded in the judgment dated 11.02.2026.
7. This FAO is, accordingly, disposed of.
(Biraja Prasanna Satapathy)
Judge Subrat
Digitally Signed Signed by: SUBRAT KUMAR BARIK Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 10-Sep-2026 17:17:16 Signature Not Verified