Orissa High Court permits 50% interim withdrawal of awarded compensation instead of 10% on grounds of financial hardship, illustrating appellate jurisdiction to adjust interim relief in railway claims.
Summary
| Category | Data |
|---|---|
| Case Name | FAO No. 376 of 2025 of PRMESHWAR NAYAK@PARMESHWAR NAYAK Vs UNION OF INDIA |
| CNR | ODHC010562432025 |
| Decision Date | 18-08-2025 |
| Disposal Nature | Disposed Off |
| Judgment Author | Dr. Justice Sanjeeb K. Panigrahi |
| Court | Orissa High Court |
| Questions of Law | Whether the High Court can modify the tribunal’s limit on interim withdrawal of awarded compensation based on financial hardship. |
| Facts as Summarised by the Court |
|
What’s New / What Lawyers Should Note
- High Court may increase the percentage of interim withdrawal from an awarded sum on proof of financial hardship.
- Even when a tribunal fixes an interim release limit, appellate courts retain jurisdiction to modify that limit in the interest of justice.
- This decision can be cited to argue for larger interim payments from compensation awards in railway‐related claims.
Summary of Legal Reasoning
- The court heard submissions regarding the appellants’ financial difficulties and the tribunal’s original order of 10% interim release.
- Noting the appellants’ hardship and the purpose of interim relief, the court found it just to adjust the percentage.
- The court modified only the impugned portion of the Railway Claims Tribunal’s award order, allowing 50% withdrawal of the appellants’ share.
- The rest of the tribunal’s compensation award remained undisturbed.
Arguments by the Parties
Petitioner / Appellants
- The tribunal’s limit of 10% interim withdrawal causes undue hardship.
- Financial difficulties warrant permission to withdraw 50% of the awarded amount.
Factual Background
On 09.09.2019, the deceased was travelling as a bona fide passenger from Pune to Hatia when he accidentally fell from the running train between Belpahar and Lajkura stations and died instantly. The GRPS/Jharsuguda registered an Unnatural Death case (No. 32/2019) and investigated. The deceased held a valid ticket (No. UFF-82217629). The Railway Claims Tribunal awarded ₹8,00,000 compensation but permitted only 10% interim withdrawal. The appellants appealed, seeking to increase the interim withdrawal to 50% on grounds of financial hardship.