The ruling highlights the criteria for determining compensation entitlement under the Railway Act for untoward incidents involving bona fide passengers.

ORDER that the claim application is allowed. Respondent is directed to pay and deposit the compensation amount Rs.8,00,000/- (Rupees Eight Lakhs only) along with 9% interest from the date of incident tillt he judgement to the minor applicant within 30 days from communication of this award.

Relying upon the judgement rendered by the Delhi High Court in the case of Geeta Devi Vs Union of India and in pursuance of Rule 5, the amount of award (along with the interest) in the present case shall be disbursed in the following manner:

SL Name of the Relation Age Amount Transfer of Amount to be No Applicant(s) ship with Awarded (Rs.) respective share to kept Fixed in deceased years the account of a bank (Rs.)

party/ parties (Rs.)

fa (b) (d) (e)

1. Suraj Kumar Minor son 13 Rs. 8,00,000 Nil Rs. 8,00,000

15. () It is ordered that the decretal amount of Rs.8,00,000/- along with accrued interest, if any. shall be deposited in fixed deposit scheme in any nationalized Bank opened under the guardianship of his peternal Mama (Manoj Saw), nearest to the permanent place of his residence, for a period till the attains majority, after which the amount alongwith occurred interest will be transferred to the savings Bank Account of the Applicant no. 1o nly.

16. The respondent Railway Administration is hereby directed to deposit the amount awarded with the Suitor's account of this Tribunal within a period of 30 days from the date of communication of the award. Failing which the applicant shall be entitled to get interest @ 10% per annum from the date of award till the actual date of receiving the amount.

17. The applicant is hereby directed to submit the details of their Aadhar linked Bank accounts in Nationalized Banks mentioned in the schedule Appendix-l of the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990, situated near their place of residence before the Additional Registrar of this Tribunal.

18. If the claimant is entitled to exemption of deduction of TDS, they shall submit Form 15-G or Form

15-H (for senior citizen) to the Presenting Officer of the Railways (as applicable under sub-section (2) of Section 19 of the Railway Claims Tribunal Act , 1987)

So that no TDS is deducted.

19. Terms and conditions:

(a) The Bank shall not permit any joint name(s) to be added in the savings bank account or fixed deposit accounts of the Claimant i.e. the savings bank account of the Claimant shall be an individual savings bank account and nota joint account.

(b) The original fixed deposit shall be retained by the bank in safe custody.

However, the statement containing FDR number, FDR amount, date of maturity and maturity amount shall be furnished by bank to the Claimant.

(C) The monthly interest be credited by Electronic Clearing system (ECS) in the savings bank account of the Claimant near the place of their permanent residence.

(d) The maturity amounts of the FDR(S) be credited by Electronic Clearing System (ECS) in the savings bank account of the Claimant near the place of their permanent residence.

(e) No loan, advance, withdrawal or pre-mature discharge be allowed on the fixed deposits without permission of the RCT.

() The concerned bank shall not issue any cheque book and/or debit card to the Claimant. However, in case the debit card and/or cheque book have already been issued, bank shall cancel the same before the disbursement of the award amount. The bank shall freeze the account of the Claimant so that no debit card be issued in respect of the account of the Claimant from any other branch of the bank.

(9) The bank shall make an endorsement on the passbook of the Claimants to the effect that no cheque book and/or debit card have been issued and shall not be issued without the permission of the RCT and Claimant shall produce the passbook with the necessary endorsement before the RCT on the next date fixed for compliance.

(h) It is clarified that the endorsement made by the bank along duly signed and stamped by the bank official on the passbook of the C