Basanti Patra And Another vs Union Of India
2023 Latest Caselaw 4845 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      FAO No.464 of 2022

            Basanti Patra and Another                   ....         Appellants
                                             Mr. Dhananjaya Mund, Advocate
                                       -versus-
            Union of India, represented through its
            General Manager, South Eastern ....                 Respondents
            Railway
                                           Mr. K.C. Kar, Sr. Panel Counsel

                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                         ORDER

1.5.2023 Order No.

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

2. Heard Mr. D. Mund, learned counsel for the claimant - Appellants and Mr. K.C. Kar, learned Senior Panel Counsel for Respondent - Union of India.

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

4. 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.

5. Accordingly, present appeal is disposed of in terms of the principles decided in said decision of this Court with a direction to disburse entire compensation amount in favour of both the claimants by keeping 50% of the shares fall due to each claimant in fixed deposits separately in their names in any Nationalized bank, as per choice of the Appellants, for a period of five years.

6. With aforesaid observation and direction, the FAO is disposed of.

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

( B.P. Routray) MANAS Digitally signed by Judge MANAS KUMAR PANDA KUMAR Date: 2023.05.01 PANDA 19:07:09 +05'30'