Authority: High Court of Orissa at Cuttack
Order Date: 14.08.2026
Case Overview
- Parties: Union of India (Petitioner) represented by Ms. Pratima Nayak, CGC; Opposite Parties: Pronab Phukan & Anr.
- The petition seeks review of the judgment dated 07.11.2025 in FAO No.20 of 2020, which awarded compensation for a railway accident that occurred on 25.01.2015.
- The review is filed under Section 5 of the Limitation Act (to condone a 57‑day delay) and under Order XLVII Rule 1 read with Section 114 of the CPC for recalling the earlier judgment.
- The petitioner argues that compensation should be based on the amount applicable on the date of incident (Rs 4,00,000) with interest, citing Union of India v. Rina Devi, and also contends that the Supreme Court precedent entitles the claimants to Rs 8,00,000 without interest.
- The original judgment (para 20) had awarded Rs 8,00,000 with interest at 6% per annum from the filing of the claim until payment.
- The Court examined whether there was an error apparent on the face of the record, specifically concerning the interest component of the compensation.
Final Outcome
- The Court condoned the 57‑day delay in filing the review petition.
- The review petition is allowed in part; the judgment dated 07.11.2025 is recalled and modified.
- The appellants/claimants are entitled to compensation of Rs 8,00,000 (eight lakhs) only.
- The Railways must deposit the amount before the Tribunal within three months.
- The Tribunal is directed to release 50% of the awarded amount to the claimants by account transfer or cheque immediately, and to keep the remaining 50% in an interest‑bearing fixed deposit for three years or as ordered by the Tribunal.
- The RVWPET is disposed of, and an urgent certified copy is to be issued as per the Rules.
Topics: Railway Accident Compensation, Judicial Review