Disposed¶5

Kabita Gochhayat v. Union of India

Orissa HC2 May 2024FAO/169/2024

Case brief

AI extract

What is this about?

Orissa High Court, Cuttack — FAO No.169 of 2024, order dated 02.05.2024, single Judge (B.P. Routray, J.). Claimants' appeal against Railway Claims Tribunal, Bhubaneswar Bench judgment dated 09.03.2024 in OA II (U) No.112 of 2023 challenging retention of 90% of railway compensation in fixed deposit; both sides admitted coverage by FAO No.262 of 2020 and batch (09.09.2021); appeal disposed of on those principles; entire compensation ordered disbursed, 50% shares of Appellant Nos. 1–3 in five-year fixed deposits with a Nationalized Bank.

What did the court decide?

Entire compensation amount to be disbursed to the claimants, with 50% of the shares of Appellant Nos. 1-3 (Kabita Gochhayat, Jyoti Ranjan Ray, Hritik Roshan Ray) kept in separate fixed deposits in any Nationalized Bank in their names for a period of five years. ¶5

Kabita Gochhayat Vs Union of India — Orissa HC (2024) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.169 of 2024

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Kabita Gochhayat and others

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…. Appellants Mr. S. Sahoo, Advocate

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-versus-

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…. Union of India and another Respondents Mr. G. Mohanty, C.G.C. for UoI

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CORAM: JUSTICE B. P. ROUTRAY

ORDER

02.05.2024

Order No.

Heard Mr. S. Sahoo, learned counsel for the Appellants and Mr. G. Mohanty, learned C.G.C. for the Respondent-Union of India.

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Present appeal by the claimants is directed against the judgment dated 09.03.2024 passed in OA II (U) No.112 of 2023 by the Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar.

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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.

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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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Signature Not Verified

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Page 1 of 2

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Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 03-May-2024 14:50:43

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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 of Appellant No.1 – Kabita Gochhayat, Appellant No.2 – Jyoti Ranjan Ray and Appellant No.3 -- Hritik Roshan Ray in separate fixed deposits in any Nationalized Bank in their names for a period of five years.

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