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2026 Supreme(Ori) 623

ORISSA HIGH COURT
SWASTITAPA SINGH DANDAPAT – Appellant
Versus
UNION OF INDIA – Respondent


JUDGMENT :

Sanjeeb K.Panigrahi, J.

1. The Appellants have preferred the present appeal assailing the judgment dated 01.11.2019 passed by the learned Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar in OA(IIU)No.0052 of 2016.

I. FACTUAL MATRIX OF THE CASE

2. The brief facts of the case are as follows:

(i) On 12.04.2011, while the deceased was travelling as a bona fide passenger from Bamara to Jharsuguda Railway Station by Hatia- Jharsuguda Passenger train (Amended), on the way, all of a sudden, he accidentally fell from the said train at Bamara railway station and sustained injuries. He was immediately shifted to DDH Sundargath for further treatment, where he died while undergoing treatment. The applicants are the wife and parents of the deceased, sought compensation of Rs.4,00,000/-from the railway administration.

II. SUBMISSIONS ON BEHALF OF THE APPELLANTS

3. Learned counsel for the Appellants earnestly made the following submissions in support of his contentions:

(i) The RW-1 and RW-2, who were the eyewitnesses of the incident, deposed on their written statement that they noticed one person trying to board the running train No. 58161 in a hurry, for which he slipped and fell and s

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