Santosini Dash And Others vs The General Manager
2023 Latest Caselaw 5755 Ori

                                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                        W.A. No.412 of 2020

                                     Santosini Dash and others                ....           Appellants
                                                     M/s. M.K. Mohapatra, Advocate and associates

                                                              -versus-
                                     The General Manager, East Coast      ....        Respondents
                                     Railway and another
                                                         Mr. Bimbisar Dash, Senior Panel Counsel


                                               CORAM:
                                               THE CHIEF JUSTICE
                                               JUSTICE G. SATAPATHY

                                                                  ORDER

11.05.2023 Order No.

03. 1.The prayer of the present Appellants before the learned Single Judge in W.P.(C) No.10635 of 2013 was for a direction to the Respondents-East Coast Railway to pay compensation of Rs.8,90,000/- along with interest @ 12% per annum for the accidental death of husband of Appellant No.1 (and father of Appellant Nos.2 and 3) at an unmanned level crossing.

2. Following the earlier judgment of this Court in Mrs. Charanjit Kaur v. South Eastern Railway 2016 (I) OLR 826, the learned Single Judge has directed compensation of Rs.4,00,000/- together with interest @7% from the date of the accident till the date of actual payment.

3. Learned counsel for the Respondents points out that the Appellants have received the amount of Rs.6,89,559/- on 27th July

Digitally Signed Signed by: SUBASH KUMAR GUIN Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack Date: 12-May-2023 21:47:44 2020 without protest and issued a 'No Claim Declaration' copy of which has been provided to the Court by learned counsel for the Respondents. The said declaration categorically states that the Appellants will not claim any further compensation. These facts were not disclosed to this Court when the matter was taken up for hearing on 30th January 2023 although it was well within the knowledge of the Appellants. It is unfortunate that this fact was kept back from the Court.

4. The Appellants having accepted the compensation amount as ordered by the learned Single Judge without any protest, the Court is not inclined to entertain the present appeal and it is dismissed as such.

(Dr. S. Muralidhar) Chief Justice

(G. Satapathy) Judge S.K. Guin

Digitally Signed Signed by: SUBASH KUMAR GUIN Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack Date: 12-May-2023 21:47:44