RAMESHWAR LAL Vs. UNION OF INDIA

JUDGEMENT

(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 nationalized 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 nationalized 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a fixed deposit in their favour in some nationalized bank for a period of two years with liberty to their guardian to withdrawn quarterly interest thereon.

(3.) 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 ofRs. 3,00,000 was ordered to be kept in fixed deposit in his favour in some nationalized bank for a period of two years with liberty to him to withdraw quarterly interest thereon and the remaining amount of Rs. 1,00,000 was ordered to be paid to him immediately.