Location: ORISSA HIGH COURT,

CUTTACK

Date: 03-Dec-2025 18:46:02

IN THE HIGH COURT OF ORISSA AT CUTTACK

F.A.O No. 45 of 2020

(In the matter of an application under Section 23 of the Railway

Claims Tribunal Act, 1987).

Jugeshwar Samarath @ Laxman …. Appellant(s)

Samarath

-versus-

Union of India …. Respondent(s)

Advocates appeared in the case through Hybrid Mode:

For Appellant (s) : Mr. Akansh Acharya, Adv.

On behalf of

Mr. Dhananjaya Mund, Adv.

For Respondent (s) : Mr. Darpan Pattnaik, Sr. P.C.

CORAM:

DR. JUSTICE SANJEEB K PANIGRAHI

DATE OF HEARING:-25.11.2025

DATE OF JUDGMENT:-29.11.2025

Dr. Sanjeeb K Panigrahi, J.

1. In the present appeal, the Appellant challenges the judgment and

order dated 29.10.2019 passed by the Railway Claims Tribunal, Bhubaneswar (hereinafter referred to as “the Tribunal” for brevity) in O.A./(IIU)/ MCC No. 217 of 2015 dismissing his claim application for compensation arising out of the death alleged to have occurred in an ‘untoward incident’ within the meaning of Section 124A of the

Railways Act, 1989.

Location: ORISSA HIGH COURT, CUTTACK Date: 03-Dec-2025 18:46:02 I. FACTUAL MATRIX OF THE CASE

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

(i) On31.06.2015, the deceased Smt. Pushpa