Malati Dalai & Ors vs Union Of India
2023 Latest Caselaw 4084 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK

                                       FAO No.103 of 2023
                 Malati Dalai & Ors.                      ....           Appellant
                                               Ms. Deepali Mahapatra, Advocate
                                            -versus-
                 Union of India

                                                          ....         Respondent
                                                               Mrs.J.Sahoo, CGC

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

21.04.2023 Order No.

01. 1. The matter is taken up through hybrid mode.

2. Heard Ms. D. Mahapatra, learned counsel for the claimant - Appellants and Mrs.J.Sahoo, learned Central Government Counsel for Respondent - Union of India.

3. Present appeal by the Claimant is directed against impugned judgment/award dated 12th January, 2023 passed by the Railway Claims Tribunal, Bhubaneswar Bench in Misc. Case No. 177 of 2022 arising out of O.A. No. 56 of 2017.

4. It is submitted on behalf of the Appellant that challenge in the present appeal against the direction of keeping 90% of the compensation amount in fixed deposit is covered by a similar judgment of this court.

5. It is admitted by both parties that the challenge in the present appeal is squarely covered by the decision of this Court rendered in FAO No.262 of 2020 and batch, disposed of on 9th September, 2021.

6. Accordingly, the appeal is disposed of in terms of the principles decided in said decision of this Court with a direction to disburse the entire compensation amount including interest in favour of all the Appellants by keeping 50% of the shares fall due to each Appellants in fixed deposit in their names in any Nationalized bank for a period of five years, except Appellant No.4, and the total amount fall due to the share of minor Appellant No.4 (Prabhudutta Dalai) shall be kept in fixed deposit in any Nationalized Bank till he attains majority or for a period of five years, whichever is later.

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

( B.P. Routray) Judge S.Das