KAMALJIT KAUR Vs. UNION OF INDIA

JUDGEMENT

(1.) In all these appeals, the claimants are aggrieved of the part of the award passed by the Railway Claims Tribunal whereby 90% of the compensation amount awarded by the Tribunal has been ordered to be invested in the Fixed Deposit for a period of three years.

(2.) This Court is flooded with these appeals as the RCT, Chandigarh Bench is passing similar directions in every case.

(3.) The issue of safeguarding the interest of the destitute who receive compensation in the claims has repeatedly concerned the Courts. Constitutional Courts have time and again issued guidelines invoking 'doctrine of parens patriae'. The Apex Court in the case of Union Carbide Corporation vs. Union of India (1991) 4 SCC 584 approved of principles enunciated by Division Bench of Gujarat High Court in the case of Muljibhai vs. United India Insurance Co. Limited (1982) 23 (1) Gujarat Law Reporter 756 governing disbursal of compensation amounts to the victims. The said principles were reiterated for disbursal of compensation to the victims in Kerala State Road Transport Corporation vs. Susamma Thomas and others, 1994(2) PLR 01 and certain guidelines were issued to the Tribunals, which read as under: