Raj Kumar Agariya And Another vs Union Of India
2023 Latest Caselaw 6349 Ori

                        IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  FAO No.230 of 2023
                 Raj Kumar Agariya and Another             ....          Appellants
                                                 Mr. Debasish Patnaik, Advocate
                                            -versus-
                 Union of India, represented through
                 the General Manager, South Eastern      ....
                                                                  Respondent
                 Railway, Kolkata
                                    Mr. D.K. Sahu, Central Government Counsel

                           CORAM:
                           SHRI JUSTICE B. P. ROUTRAY
                                          ORDER

17.5.2023 Order No.

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

2. Heard Mr. D. Patnaik, learned counsel for the claimant - Appellants and Mr. D.K. Sahu, learned CGC for Respondent - Union of India.

3. 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.

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. It is further directed that 50% of the share fall due to Appellant No.1 be kept in fixed deposit in his name in any Nationalized bank for a period of six years and the total amount fall due to the share of minor Appellant No.2 (Manisha Agariya) shall be kept in fixed deposit in any Nationalized Bank till she attains majority or for a period of six years, whichever is later.

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) Judge M.K.Panda

Signature Not Verified Digitally Signed Signed by: MANAS KUMAR PANDA Reason: Authentication Location: Orissa High Court, Cuttack Date: 18-May-2023 17:10:04