LAWS(P&H)-2019-9-230

RITA DEVI Vs. UNION OF INDIA

Decided On September 04, 2019
RITA DEVI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Prayer in the revision petition under Article 227 of the Constitution of India is for modification of award dated 23.08.2019, passed by the learned Railway Claims Tribunal, Chandigarh (hereinafter referred to as 'the Tribunal') in OA-IIu/CDG/2018/103, by directing release of compensation awarded to petitioner Nos.1 to 3 immediately instead of in the manner ordered by the Tribunal.

(2.) A petition under Section 16 of the Railway Claims Tribunal Act, 1987, seeking compensation of Rs.8 Lakh on account of death of Pintoo Chauhan on 16.12.2017 by falling from Mail Express Train from Manakpur Railway Station between Ambala Cantt. and Ambala City Railway Station, was filed by the petitioners. On the basis of evidence led by the parties, the Tribunal granted compensation of Rs.8 Lakhs as per details given as under:-

(3.) A perusal of the award reveals that petitioner Nos.1 to 3 aged 32, 69 and 67 years and being the wife, father and mother of deceased Pintoo Chauhan respectively were awarded compensation of Rs.2 Lakh each along with proportionate interest while petitioner Nos.4 and 5 i.e. minor sons of the deceased were awarded a sum of Rs.1 Lakh each with proportionate interest. However, compensation awarded was directed to be deposited in the bank account of the petitioners with petitioner Nos.1 to 3 being permitted to withdraw 1/10th of the same along with interest qua their individual share while rest of the individual share was ordered to be invested in bank deposit in the manner indicated in the concluding part of the award. Share of compensation awarded to petitioner Nos.4 and 5, was ordered to be invested in a nationalized bank in term deposit till their attaining majority.