Allowed

Praphul Kumar Moharana v. Union of India

Orissa HC21 Aug 2024FAO/327/2017

Case brief

AI extract

What is this about?

The Court allowed the appeal, holding that interest is payable on compensation awarded in a railway accident case from the date of filing the claim until deposit of the award. The Respondent was directed to deposit the differential amount with interest.

What did the court decide?

Differential compensation amount with 6% interest directed to be deposited by the Respondent within four months.

Praphul Kumar Moharana Vs Union of India — Motor Accident Claims | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK FAO No.327 of 2017

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Praphul Kumar Moharana and another …. Appellants Mr. B.N. Samantaray, Advocate -versus-

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…. Union of India Respondent Mr. D.K. Sahu, C.G.C. for Union of India

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CORAM: JUSTICE B. P. ROUTRAY

ORDER

21.08.2024

Order No.

Heard Mr. B.N. Samantaray, learned counsel for the Appellants-claimants and Mr. D.K. Sahu, learned C.G.C. for Union of India- Respondent.

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Present appeal by the claimants is directed against the judgment dated 20.06.2017 passed in OA/98/2014 by the Railway Claims Tribunal, Bhubaneswar Bench, Bhubaneswar, wherein compensation to the tune of Rs.8,00,000/- has been granted in favour of the claimants on account death of the deceased in railway accident.

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The sole contention of the Appellants, who are the claimants, is that, no interest has been granted on the compensation amount.

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It is seen that, learned Tribunal has directed for payment of compensation of Rs.8,00,000/- without any interest. Accordingly, in view of the law settled in the case of Union of India vs- Rina

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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: 22-Aug-2024 16:58:44

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Devi, (2019) 3 SCC 572 , interest @6% is granted on the compensation amount from the date of filing of the claim application till the date of deposit of the award amount.

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The Respondent-Railways is directed to deposit the differential amount within a period of four months from today, which shall be disbursed in favour of the claimants on such terms and proportion to be fixed by the learned Tribunal.

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The appeal is disposed of as allowed.

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

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( B.P. Routray)

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Judge

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B.K. Barik

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Signature Not Verified

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Page 2 of 2

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Digitally Signed Signed by: BASANTA KUMAR BARIK Reason: Authentication Location: High Court of Orissa, C utta ck Date: 22-Aug-2024 16:58:44

Praphul Kumar Moharana v. Union of India

Case brief

What is this about?

What did the court decide?

Praphul Kumar Moharana v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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