Jyotirani Putia And Others vs Union Of India
2021 Latest Caselaw 10818 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                     FAO NO.66 OF 2021
                 Jyotirani Putia and others           ....             Appellants
                                             Mr. Pravat Kumar Sahoo, Advocate
                                            -versus-
                 Union of India                       ....            Respondent
                                                     Mr. Dhanoj Kumar Sahoo,
                                                              Standing Counsel
                                                         for East Cost Railways

                           CORAM:
                           JUSTICE K.R.MOHAPATRA

                                         ORDER

Order No.                               08.10.2021
             I.A. No. 120 of 2021
     2.     1.       This matter is taken up through hybrid mode.

2. This is an application for condonation of delay in filing the appeal.

3. Heard learned counsel for the parties.

4. Perused the report of S.R. from which it appears that there is no delay in filing the appeal.

5. Hence, there is no necessity to consider this I.A. on merit.

6. The I.A. is accordingly disposed of.

(K.R. Mohapatra) Judge FAO NO.66 OF 2021

3. 1. This matter is taken up through hybrid mode.

2. This appeal is filed by the Claimants, who are widow, parents and minor son of the deceased Sanjay Kumar Puntia, under Section 23 of the Railway Claims Tribunal Act, 1987 (for short 'the Act') being aggrieved by the judgment and award dated 6th January, 2020 passed by the Railway Claims Tribunal,

// 2 //

Bhubaneswar Bench, Bhubaneswar (for short, 'the Tribunal') in OA No.220 of 2016 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 No.264 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 the Claimants should approach learned Tribunal by filing appropriate application for variation in the condition and mode of payment of the compensation amount. In that event, learned Tribunal will be in a position to pass necessary orders on their application. Further, the Claimant/Appellant No.4 being minor the award passed in his favour should not be interfered with. So far the award in respect of Claimants/Appellant Nos.1 to 3 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 Claimants 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

// 3 //

directing a major portion to be deposited in a fixed deposit scheme. It appears that the Claimants/Appellants being the widow, parents and minor son (Appellant No.4) of the deceased- Sanjay Kumar Puntia do not have either any physical or mental disability. There is also no material on record to show that the Appellants are liable to be exploited by middleman. 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 to 3 are 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.

"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 to 3 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. The Appellant Nos.1 to 3 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

// 4 //

amount, as aforesaid. It is made clear that the award in respect of Claimant/Appellant No.4, who is minor, is not interfered with.

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

( K.R. Mohapatra) Judge

bks