Mrs. Sugyani Swain And Others vs Union Of India
2024 Latest Caselaw 10409 Ori

Orissa High Court

Mrs. Sugyani Swain And Others vs Union Of India on 24 June, 2024

Author: B. P. Routray

Bench: B. P. Routray

                                          IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                      FAO No.246 of 2024

                                 Mrs. Sugyani Swain and others              ....         Appellants
                                                                        Mr. P.K. Mishra, Advocate
                                                             -versus-
                                 Union of India                             ....       Respondent
                                                                     Mr. J. Nayak, C.G.C. for UoI

                                            CORAM:
                                            JUSTICE B. P. ROUTRAY

                                                          ORDER

24.06.2024 Order No.

01. 1. Heard Mr. P.K. Mishra, learned counsel for the Appellants and Mr. J. Nayak, learned C.G.C. for the Respondent-Union of India.

2. Present appeal by the claimants is directed against the judgment dated 04.04.2024 passed in OA II(U)/52/2023 by the Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar.

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.

Signed by: BASANTA KUMAR BARIK

Location: High Court of Orissa, Cuttack Date: 25-Jun-2024 15:39:11

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 the claimants by keeping 50% of shares of Appellant No.1 - Mrs. Sugyani Swain, Appellant No.4 - Mrs. Laxmi Swain and Appellant No.5

-- Mr. Udayanath Swain in separate fixed deposits in any Nationalized Bank in their names for a period of five years. The entire amount fall due to the shares of minors Viz. Appellant No.2 -- Ms. Saina Swain and Appellant No.3 - Ms. Sahel Swain be kept in any Nationalized Bank in separate fixed deposits till they attain majority or for a period of five years, whichever is later.

6. An urgent certified copy of this order be granted on proper application.

( B.P. Routray) Judge

B.K. Barik

Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, Cuttack Date: 25-Jun-2024 15:39:11