Disposed

Burundi Sabar v. Union of India

Orissa HC22 Nov 2022FAO/406/2022

Case brief

AI extract

What is this about?

The Court disposed of a limitation application by condoning delay. It disposed of a Fatal Accident Order appeal relying on a previous judgment, directing the entire compensation amount to be disbursed with 50% of shares for adult appellants in fixed deposits for five years and the minor's share in a fixed deposit until majority or five years.

What did the court decide?

Condones delay in filing appeal; directs disbursement of entire compensation with specific fixed deposit instructions for adult and minor claimants.

Burundi Sabar Vs Union of India — Orissa HC (2022) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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FAO No.406 of 2022

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Smt. Burundi Sabar and Others

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…. Appellants

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Mr. Pradeep Kumar Mishra, Advocate

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-versus-

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Union of India, represented through General Manager, South Central …. Respondent Railway, Secunderabad

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Mr. S. Panda, Central Government Counsel

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CORAM:

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JUSTICE B. P. ROUTRAY

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ORDER 22.11.2022

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Order No.

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I.A. No.632 of 2022

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The matter is taken up through Hybrid mode.

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

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

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The I.A. is disposed of.

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FAO No.406 of 2022

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Heard Mr. Mishra, learned counsel for Appellants and Mr. Panda, learned CGC for Respondent - Union of India.

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Page 1 of 2

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It is submitted on behalf of the Appellants that challenge in present appeal against the direction of keeping 90% of the compensation amount in fixed deposit is covered by a similar judgment of this court.

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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 9^th September, 2021.

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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 fall due to Appellant Nos.1 and 3 (Smt. Burundi Sabar and Chaitanya Sabar) in fixed deposits separately in their names respectively in any Nationalized bank for a period of five years and the total amount fall due to the share of minor Appellant No.2 (Samonath Sabar) shall be kept in fixed deposit in any Nationalized Bank till he attains majority or for a period of five years, whichever is later.

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

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

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( B.P. Routray) Judge

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M.K. Panda

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Page 2 of 2

Burundi Sabar v. Union of India

Case brief

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Burundi Sabar v. Union of India

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