Santi Mahankuda & ... vs Union Of India
2023 Latest Caselaw 12482 Ori

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 16-Oct-2023 11:02:10




                                           IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                        FAO No.460 of 2023
                                 Santi Mahankuda & Ors.(substituted          ....          Appellants
                                 Claimant)
                                                                         Mr.P.K.Mishra, Advocate
                                                              -versus-
                                 Union of India                              ....          Respondent
                                                                                  Mr.S.Panda, CGC

                                              CORAM:
                                              SHRI JUSTICE B. P. ROUTRAY
                                                            ORDER

12.10.2023 Order No.

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

2. Heard Mr.Mishra, learned counsel for the claimant - Appellants and Mr.Panda, learned Central Government Counsel for Respondent - Union of India.

3. Present appeal by the Claimant is directed against impugned judgment/award dated 3rd October, 2019 passed by the Railway Claims Tribunal, Bhubaneswar Bench in case No. O.A. (IIU)/0051/2015.

4. 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.

Signature Not Verified Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, Cuttack Date: 16-Oct-2023 11:02:10

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, except Appellant No.3, by keeping 50% of the shares fall due to each such Appellant in fixed deposit in their names in any Nationalized bank for a period of five years, and the total amount fall due to the share of minor Appellant No. 3 (Kiran Mahankuda) shall be kept in fixed deposit in any Nationalized Bank till they attain 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