Swapajan Nessa And Others vs Union Of India
2021 Latest Caselaw 10682 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   FAO No.530 of 2020
                 Swapajan Nessa and others        ....             Appellants
                                                 Mr. P.K.Sahoo, Advocate
                                        -versus-
                 Union of India                   ....           Opp. Parties
                                                 Mr. Dhanoj Kumar Sahoo,
                                    Standing Counsel for East Cost Railways

                          CORAM:
                          JUSTICE K.R.MOHAPATRA

                                        ORDER

Order No.                              05.10.2021
 3.         1.      This matter is taken up through hybrid mode.

2. This appeal is filed by the Claimants, who includes the widow and children of deceased Saddam Hussain, under Section 23 of the Railway Claims Tribunal Act, 1987 (for short 'the Act, 1987') being aggrieved by the judgment and award dated 26th February, 2020 passed by the Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar (for short, 'the learned Tribunal') in OA No.157 of 2017 assailing the mode of payment of compensation amount.

3. At the outset, learned counsel for the parties submit that the legal issue involved in this appeal is similar to FAO Nos.262 of 2020 and batch of appeals disposed of by this Court vide judgment dated 9th September, 2021 and the present Appeal may be disposed of in the light of the said judgment.

4. Mr.Sahoo, learned Standing Counsel for the Railways- Respondent, however, submits that although the facts and law involved in this case is similar, but Claimants should approach learned Tribunal by filing appropriate application for variation in the condition and mode of payment of the compensation amount.

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In that event, learned Tribunal will be in a position to pass necessary orders on their application. Further, the Claimant/Appellant No.3 being minor the award passed in his favour should not be interfered with. So far the award in respect of Claimant/Appellant Nos.1 and 2 is concerned, the same should be released in their favour on furnishing the Bank A/c details opened in any nationalized bank at the place where they are residing along with an application for disbursement of the compensation amount.

5. Mr. Sahoo, learned counsel for the Appellants submits that since Railways could not produce any material before the learned Tribunal to justify restriction in disbursement of compensation, remittance of the matter to learned Tribunal will be an empty formality only, and thereby the claimant(s) will be highly prejudiced. It appears from the impugned award that learned Tribunal has not assigned any reason for not disbursing the entire awarded amount in favour of the Claimants instead of directing a major portion to be deposited in a fixed deposit scheme. It appears that the Claimants/Appellants being the widow and legal heirs (major) and children (Appellant No.3 is minors) of deceased-Saddam Hussain do not have either any physical or mental disability. As such, the case of the Appellants is squarely covered by the ratio decided in the aforesaid batch of appeals.

6. Hence, this Appeal so far as Appellant Nos.1 and 2 is concerned, is disposed of in terms of the judgment and order passed on 9th September, 2021 by this Court, as aforesaid, operative portion of which is quoted herein below for reference and convenience of the parties.

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"18. In that view of the matter, all the appeals are allowed and learned Tribunal is directed to disburse the awarded amount by liquidating the fixed deposits, if any, to the claimants on proper identification, as expeditiously as possible preferably within a period of one month from the date of filing of an application along with certified copy of this order following due procedure of law. In the circumstances, there shall be no order as to cost."

7. Accordingly, it is directed that learned Tribunal shall disburse the awarded amount in favour of Appellant Nos.1 and 2 by liquidating the fixed deposits, if any, to the claimant(s) on proper identification, as expeditiously as possible preferably within a period of one month from the date of filing of an application along with certified copy of this order following due procedure of law. The Appellant Nos.1 and 2 are directed to submit their A/c details of any nationalized bank as per the requirement along with the application form for disbursal of the compensation amount, as aforesaid. It is made clear that the award in respect of Claimant/Appellant No.3, who is minor, is not interfered with.

Urgent certified copy of this order be granted on proper application.

( K.R. Mohapatra) Judge

s.s.satapathy