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2010 Supreme(P&H) 1631

PUNJAB & HARYANA HIGH COURT
Rakesh Kumar Jain, J.
Rameshwar Lal
Versus
Union Of India Through General Manager, northern Railway
F.A.F.O. No. 1262 of 2010,
Decided On : MAY 11, 2010

Headnote:Railway Claim--Compensation--For release of amount deposited in fixed deposit--It is well settled by Supreme Court in case of H.S. Ahammed that amount of compensation awarded to an adult cannot be ordered to be deposited in fixed deposit--Similarly, High Court also took view in case of Asraf ,that Tribunal has no jurisdiction to order for deposit of amount of compensation in fixed deposit in case where claimant is major--Tribunal is directed to release amount to major/adults forthwith which has been ordered to be deposited in fixed deposit--Tribunal is further advised not to pass such orders which is offending orders passed by Supreme Court as well as by High Court lest it is considered otherwise. (Para 12)

Judgment

Rakesh Kumar Jain, J.

1. This order shall dispose of the three appeals bearing F.A.O. No. 1262 of 2010 (Rameshwar Lal v. Union of India); F.A.O. No. 1263 of 2010 (Veena Kumari v. Union of India) and F.A.O. No. 2057 of 2010 (Som Parkash v. Union of India) as questions involved in these appeals are similar because the appellants in all the three appeals have prayed for release of the amount of compensation awarded in their favour which has been ordered to be deposited by the Claims Tribunal in fixed deposit in some nationalised bank.

2. In F.A.O. No. 1262 of 2010 (Rameshwar Lal v. Union of India), claim petition was filed by husband and sons of Sushila Devi (since deceased) who had died in an untoward incident occurred on 16.9.2008. The Railway Claims Tribunal, Chandigarh Bench, Chandigarh (hereinafter for short, the Tribunal) allowed the claim petition vide its order dated 15.2.2010 and awarded Rs. 4,00,000 along with interest at the rate of 6 per cent to claimants from the date of filing of claim application, i.e., 30.12.2008 till the date of the award and further at the rate of 9 per cent per annum from the date of award till its realization. Out of the total award, an amount of Rs. 3,00,000 was ordered to be paid to the husband of the deceased and an amount of Rs. 25,000 each to the applicant Nos. 2 to 5, the minor sons of the deceased. However, a sum of Rs. 2,50,000 out of Rs. 3,00,000 awarded to the husband of the deceased was ordered to be kept in a fixed deposit in his favour in some nationalised bank for a period of two years with liberty to him to withdraw quarterly interest thereon and the remaining amount of Rs. 50,000 was ordered to be paid to him immediately. Similarly, the amount of compensation payable to the minor sons was also ordered to be kept in a fixed deposit in their favour in some nationalised bank for a period of two years with liberty to their guardian to withdraw quarterly interest thereon.

3. In F.A.O. No. 1263 of 2010 (Veena Kumari v. Union of India), the claimants are widow and children of Sanjeev Kumar (since deceased) who is alleged to have died in an untoward incident occurred on 3.2.2008. The Tribunal allowed the claim application and awarded Rs. 4,00,000 along with interest at the rate of 6 per cent per annum from the date of filing of the claim petition, i.e., 21.5.2008 till the date of the award and further at the rate of 9 per cent per annum from the date of award till its realization. Out of the aforesaid amount, Veena Kumari, the widow, was awarded Rs. 2,00,000 whereas the minor daughter Parul was ordered to be paid Rs. 1,00,000 and the two sons, namely, Vishnu Narula and Sandeep Kumar were ordered to get Rs. 50,000 each. Out of Rs. 2,00,000 awarded to the widow, Rs. 1,50,000 was ordered to be kept in fixed deposit in her favour in some nationalised bank for a period of two years with liberty to her to withdraw quarterly interest thereon and the remaining amount of Rs. 50,000 was ordered to be paid to her immediately, whereas in respect of other claimants, i.e., minor children, the amount was ordered to be kept in fixed deposit in their favour in some nationalised bank for a period of two years or till their attaining the age of majority. However, their mother (Veena Kumari) was given liberty to withdraw quarterly interest on said fixed deposits for the maintenance and day-to-day expenses of the minors.

4. In F.A.O. No. 2057 of 2010 (Som Parkash v. Union of India), claim petition was filed by Som Parkash, who is alleged to have received injuries in an untoward incident occurred on 5.1.2009 for which he was awarded Rs. 4,00,000 as compensation along with interest at the rate of 6 per cent per annum from the date of filing the claim application, i.e., 27.4.2009 till the date of the award and further at the rate of 9 per cent per annum from the date of the award till its realization. However, out of the amount of compensation of Rs. 4,00,000, a sum of Rs. 3,00,000 was ordered to be k








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