DASHRATH Vs. UNION OF INDIA

JUDGEMENT

(1.) Learned counsel for the petitioners submits that an application was moved before the Railway Claims Tribunal for release of the entire amount deposited in the FDRs which was rejected by the Tribunal. Learned counsel submits that an award was passed for a sum of Rs.8 lac, out of which, the amount of Rs.2 lac was released while Rs.6 lac was deposited in the FDRs.

(2.) Learned counsel for the petitioners has relied on the judgment of Punjab & Haryana High Court passed in FAQ 2037/2019, Amarjeet Singh Vs. Union of India and connected matters, decided vide judgment dated 4th September, 2019 wherein the Punjab & Haryana High Court following the earlier judgment directed the Tribunal to release the amount to the major/adults forthwith. The order was passed and the observations were also made regarding one earlier judgment in Asraf Vs. Motor Accidents Claims Tribunal, Gurgaon, reported in 2007 (4) RCR (Civil) 301 that Tribunal has no jurisdiction to order for depositing the amount of compensation in Fixed Deposit in the case where the claimant is major.

(3.) This court in the case of Nijamuddin and Ors. Vs. Shaukat & Ors., SB Civil Writ Petition No.15888/2018, decided vide its order dated 4th September, 2018 has made the following observations: