FAO 1576 of 2018 (O&M)

1

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

FAO 1576 of 2018 (O&M)

Date of Decision: February 17, 2022

Mohinder Kaur and others

...Appellants

Versus

Union of India

... Respondents

CORAM : HON'BLE MR. JUSTICE FATEH DEEP SINGH

Present :

Mr. Upender Prasher, Advocate

for the appellants.

Mr. Karminder Singh, Advocate

for the respondent.

FATEH DEEP SINGH, J. (Oral)

The present appellants who are dependents of

Kartar Singh deceased and who is claimed to have died on

24.10.2014 in an railway accident and preferred compensation

from the respondent-Union of India under Section 16 of the

Railway Claims Tribunal Act, 1987. It is vide award dated

21.12.2017, the Tribunal awarded compensation to the

dependents amounting to Rs.8 lacs to be disbursed in equal

AMIT RANA

2022.02.24 13:07

I attest to the accuracy and

authenticity of this document

Chandigarh

FAO 1576 of 2018 (O&M)

2

shares. In operative part of the award, it was ordered that out of

the award amount Rs. 2 lacs shall be disbursed immediately in

favour of the applicants in equal shares and rest of the amount

shall be invested by way of FDR in a nationalized bank for a

period of 5 years. It is on account of this rider, the present

appeal has been preferred by the claimants seeking the release

of the amount of the FDR.

Heard Mr. Upender Prasher, Advocate for the

appellants and Mr. Karminder Singh, Advocate for the

respondent and perused the records.

The purpose of award of compensation in such fatal

accidents is purely with the object and intent for the dependents

to tide over the sudden and immediate loss of earnings and

dependency primarily with the object to ensure that the

dependents are not left to fend for themselves in such an

adverse circumstance. Since the claimants are young and need

money for their upkeep, maintenance and for better settlement

AMIT RANA

2022.02.24 13:07

I attest to the accuracy and

authenticity of this document

Chandigarh

FAO 1576 of 2018 (O&M)

3

in life so that they are able to overcome hard days they are

facing due to loss of their bread earner.

In the light of the law laid down Amarjeet Singh and

another Vs. Union of India, CM-4085-CII-2020 in/and RA-CR-

46-2020 in FAO-2037-2019, decided on 25.01.2021;

Manjinder Singh Vs. Union of India, CM-8041-CII-2020 in

RA-CR-102-2020 in CR-5641-2019 decided on 08.02.2021;

Sudesh Kumari Vs. Union of India, CR-5656-2019, decided

on 11.09.2019, Raj Kumar Vs. Union of India, CR-3644-2019,

decided on 31.05.2019, Sahjadi Khatoon and others Vs.

Union of India, CR-493-2020 decided on 27.01.2020 this

Court feels that no useful purpose shall be served by keeping

the FDR and which is already held for more than 4 years and,

therefore, in the ends of justice, this court deems it imperative to

order release of the FDR amount including interest amount that

has accrued thereon till date to the claimants as per the shares

awarded in the award with immediate effect.

AMIT RANA

2022.02.24 13:07

I attest to the accuracy and

authenticity of this document

Chandigarh

FAO 1576 of 2018 (O&M)

4

In the light of the same, the instant appeal stands

allowed.

February 17, 2022

(FATEH DEEP SINGH)

amit rana

JUDGE

Whether reasoned/speaking :

Yes/No

Whether reportable

:

Yes/No

AMIT RANA

2022.02.24 13:07

I attest to the accuracy and

authenticity of this document

Chandigarh