Binodini Gahir Vs Union of India — Orissa HC (2026) — LawSathi Research

Binodini Gahir Vs Union of India — Orissa HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of with the tribunal's directions modified: (i) mode of deposit revised per this Court's decision in FAO No.262 of 2020 and batch — entire compensation disbursed to claimant-Appellant Binodini Gahir with 50% of her share in fixed deposit in her name in any Nationalized bank for six years; (ii) the Rs.2,00,000/- awarded to father Bana Gahir upheld but kept in suitor's account, transferable to the mother Binodini Gahir if he raises no claim within three years, otherwise to him if he appears within three years.

Issue for consideration

Whether the tribunal's direction regarding the mode of deposit of the compensation amount should stand or be modified in the appeal. +1 more

Court's answer

The tribunal's direction on mode of deposit is modified in terms of the principles decided in this Court's earlier decision in FAO No.262 of 2020 and batch (disposed of 9 September 2021): the entire compensation amount paid in favour of the claimant-Appellant (Binodini Gahir) is to be disbursed to her by keeping 50% of her share in fixed deposit separately in her name in any Nationalized bank for a period of six years.

Ratio / Principle

No illegality is found in the tribunal's approach of granting compensation of Rs.2,00,000/- in favour of the father, Bana Gahir, keeping in view the definition of dependents contained in Section 123(b) of the Railways Act; the tribunal's direction in his favour stands.

Key takeaways

Since the uncontroverted fact remains that the father is missing since long, the tribunal's direction is modified: the amount of Rs.2,00,000/- to be kept in the suitor's account for a period of two years shall be transferred to the account of the mother, namely Binodini Gahir (Sole-Appellant), in case no claim is raised by said Bana Gahir within three years; in case said Bana Gahir appears within three years, the amount shall be transferred to his account in terms of the tribunal's direction.ratio¶27

Detailed headnote1 paragraphs

High Court of Orissa, Cuttack (B.P. Routray, J.) — FAO No.80 of 2026, order dated 05.03.2026 — Binodini Gahir (claimant, Sole-Appellant) v. Union of India and Another. The appeal challenges the final judgment dated 16.12.2025 of the Railway Claims Tribunal, Bhubaneswar Bench (OA(IIU)/214/2024) on two points: (i) the tribunal's direction on the mode of deposit of the compensation amount, and (ii) the tribunal's award of Rs.2,00,000/- to the father of the deceased, Bana Gahir, considered missing and not heard of for about two years, notwithstanding the claimant's contention that he is not a dependent. Held: the mode-of-deposit direction is modified in terms of the principles decided in this Court's earlier decision in FAO No.262 of 2020 and batch (disposed of 09.09.2021), whereby the entire compensation amount is to be disbursed to the claimant-Appellant by keeping 50% of her share in fixed deposit separately in her name in any Nationalized bank for six years; the award of Rs.2,00,000/- to the missing father is sustained as consistent with the definition of dependents in Section 123(b) of the Railways Act, but the amount is to lie in the suitor's account and be transferred to the mother (Binodini Gahir) if the father raises no claim within three years, and to the father himself if he appears within three years. Appeal disposed of accordingly.

Signature Not Verified

Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 06-Mar-2026 15:13:53

IN THE HIGH COURT OF ORISSA AT CUTTACK

FAO No.80 of 2026

Binodini Gahir …. Appellants

Mr. Satyaban Sahoo, Advocate

-versus-

Union of India and Another

…. Respondents

Mr. M.Kumar, C.G.C.

CORAM: SHRI JUSTICE B. P. ROUTRAY

ORDER

05.03.2026

Order No.

The matter is taken up through hybrid mode.

Heard Mr. S. Sahoo, learned counsel for the Appellant and Mr. M.Kumar, learned Central Government Counsel for Respondents - Union of India.

Present appeal by the claimants is directed against impugned judgment dated 16^th December 2025 of learned Railway Claims Tribunal, Bhubaneswar Bench passed in OA(IIU)/214/2024.

The Appellant is aggrieved by the direction of the tribunal regarding mode of deposit of the compensation amount. Mr. Sahoo, learned counsel for the Appellant also submits that the direction of the tribunal in judgment giving Rs.2,00,000/- to the father of the deceased, namely Bana Gahir – who is considered as missing for two years, despite the contentions of the applicant that he is not a

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Signature Not Verified

Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 06-Mar-2026 15:13:53

dependent being found missing and having been not heard since long, is unsustainable.

Challenge in the present appeal regarding mode of deposit 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.

Accordingly, the direction of the tribunal is modified in terms of the principles decided in the aforesaid decision of this court to the effect that, the entire compensation amount paid in favour of the claimant-Appellant (Binodini Gahir) be disbursed to her by keeping 50% of her share in fixed deposit separately in her name in any Nationalized bank for a period of six years.

So far as the direction of the tribunal regarding grant of compensation to the tune of Rs.2,00,000/- given in favour of the father – Bana Gahir is concerned, no illegality is seen in the approach of the tribunal keeping in view the definition of dependents contained in Section 123(b) of the Railways Act. However, since the uncontroverted fact remains that the father is missing since long, the direction of the tribunal is modified to the extent that the amount of Rs.2,00,000/- to be kept in suitor’s account for a period of two years, shall be transferred to the account of the mother, namely Binodini Gahir (Sole-Appellant) in case no claim is raised by said Bana Gahir (father of the deceased) within three years. In case said Bana Gahir appears within three years, the amount shall be transferred to his account in terms of the direction of the tribunal.

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Signature Not Verified

Digitally Signed Signed by: SANGRAM DAS Reason: Authentication Location: High Court of Orissa, C utta ck Date: 06-Mar-2026 15:13:53

With aforesaid observations and directions, the appeal is disposed of.

An urgent certified copy of this order be issued as per rules.

( B.P. Routray) Judge

S.Das

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