Smt. Gouripriya Parida And ... vs Union Of India
2023 Latest Caselaw 5673 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                   FAO No.212 of 2023

            Smt. Gouripriya Parida and Another           ....         Appellants
                                               Mr. Satyaban Sahoo, Advocate
                                       -versus-
            Union of India, represented through its
            General Manager, East Coast Railway, ....           Respondents
            Bhubaneswar
                                             Mr. B. Das, Sr. Panel Counsel

                        CORAM:
                        JUSTICE B. P. ROUTRAY

                                       ORDER

10.5.2023 Order No.

I.A. No.368 of 2023

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

2. Heard Mr. S. Sahoo, learned counsel for the claimant - Appellants and Mr. B. Das, learned Senior Panel Counsel for Respondent - Union of India.

3. Upon hearing both parties and considering the grounds mentioned in the limitation application, the delay in filing the appeal is condoned.

4. The I.A. is disposed of.

FAO No.212 of 2023

02. 5. Though the matter is listed for orders but on the request of counsels for both parties the same is taken up for final hearing.

6. Heard learned counsel for both parties.

7. It is submitted on behalf of the Appellants 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.

8. 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.

9. Accordingly, the present appeal is disposed of in terms of the principles decided in the said decision of this Court with a direction to disburse entire compensation amount in favour of the only surviving claimant, i.e. present Appellant No.2, namely Debatta Parida by keeping 50% of the same in fixed deposits in his name in any Nationalized bank for a period of five years.

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

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

                                                              ( B.P. Routray)
                                                                 Judge

M.K. Panda

MANAS        Digitally signed by
             MANAS KUMAR
KUMAR        PANDA
             Date: 2023.05.11
PANDA        18:58:46 +05'30'