Orissa High Court

FAO/172/2025 of LAXMI NATH Vs UNION OF INDIA on 28 August 2026

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HIGH COURT OF ORISSA AT CUTTACK FAO No.172 of 2025 CNR No. ODHC010184182025 Laxmi Nath & Ors. …. Appellants Mr. D. Patnaik, Advocate -versus- Union of India …. Respondents Ms. S. Das, CGC CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY Order No. ORDER 28.08.2026 I.A. No.314 of 2025 01.

IN THE HIGH COURT OF ORISSA AT CUTTACK

FAO No.172 of 2025

CNR No. ODHC010184182025

Laxmi Nath & Ors.

….

Appellants

Mr. D. Patnaik, Advocate

-versus-

Union of India

….

Respondents

Ms. S. Das, CGC

CORAM:

JUSTICE BIRAJA PRASANNA SATAPATHY

Order No.

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ORDER

28.08.2026

I.A. No.314 of 2025

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 by 31.08.2026.

4. Accordingly, the I.A stands disposed of.

(Biraja Prasanna Satapathy)

Judge

// 2 //

FAO No.172 of 2025

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 11.10.2022 passed by the learned Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar in case No. OA(IIU)/ 267/2018.

3. The brief fact of the case is that on dtd.24.04.2018, the deceased was travelling from Rourkela to Daruadihi railway station by Tata Nagar Itwari passenger train and on the way, the deceased accidentally fell down from the said train and succumbed to his injuries during course of her treatment at Rajgangpur Hospital. Accordingly, a criminal case vide UD Case No.24 dated 25.04.2018 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 may be

// 3 //

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 11.10.2022 passed by the learned Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar in Case No. OA(IIU)/267/2018 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 11.10.2022.

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: 31-Aug-2026 12:42:19 Signature Not Verified

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