IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
OP(C) NO. 724 OF 2022
AGAINST THE ORDER/JUDGMENT IN OA II U/ERS/054/2019 OF RAILWAY
CLAIMS TRIBUNAL, ERNAKULAM
PETITIONER/S:
1 J ALAGU SELVI
AGED 39 YEARS
DAUGHTER OF SUPPURAYAR, 253/1 NEW COLONY, MARIYAMMAN
KOVIL STREET,
SEEPALAKOTTAI POST, UTHAMAPALAYAM TALUK, THENI DISTRICT
TAMIL NADU, NOW RESIDING AT METTEKATT HOUSE,
KAMMATTIPADAM
NEAR KSRTC STAND, ERNAKULAM, KOCHI,, PIN - 682011
2 S AMSAVALLI
AGED 37 YEARS
DAUGHTER OF SUPPURAYAR,
253/1 NEW COLONY, MARIYAMMAN KOVIL STREET,
SEEPALAKOTTAI POST, UTHAMAPALAYAM TALUK, THENI DISTRICT
TAMIL NADU, NOW RESIDING AT METTEKATT HOUSE,
KAMMATTIPADAM
NEAR KSRTC STAND, ERNAKULAM, KOCHI, PIN - 682011
3 S SURESHKUMAR
AGED 35 YEARS
SON OF SUPPURAYAR, 253/1 NEW COLONY, MARIYAMMAN KOVIL
STREET,
SEEPALAKOTTAI POST, UTHAMAPALAYAM TALUK, THENI DISTRICT
TAMIL NADU, NOW RESIDING AT METTEKATT HOUSE,
KAMMATTIPADAM
NEAR KSRTC STAND, ERNAKULAM, KOCHI, PIN - 682011
4 S RAJKUMAR
AGED 33 YEARS
SON OF SUPPURAYAR,
253/1 NEW COLONY, MARIYAMMAN 253/1 NEW COLONY,
MARIYAMMAN KOVIL STREET,
SEEPALAKOTTAI POST, UTHAMAPALAYAM TALUK, THENI DISTRICT
TAMIL NADU, NOW RESIDING AT METTEKATT HOUSE,
KAMMATTIPADAM
NEAR KSRTC STAND, ERNAKULAM, KOCHI, PIN - 682011
5 S SARASWATHI
AGED 31 YEARS
O.P(C) NO. 724 OF 2022 2
DAUGHTER OF SUPPURAYAR,
253/1 NEW COLONY, MARIYAMMAN KOVIL STREET,
SEEPALAKOTTAI POST, UTHAMAPALAYAM TALUK, THENI
DISTRICT
TAMIL NADU, NOW RESIDING AT METTEKATT HOUSE,
KAMMATTIPADAM
NEAR KSRTC STAND, ERNAKULAM, KOCHI, PIN - 682011
6 S SNEHA
AGED 26 YEARS
DAUGHTER OF SUPPURAYAR,
253/1 NEW COLONY, MARIYAMMAN KOVIL STREET,
SEEPALAKOTTAI POST, UTHAMAPALAYAM TALUK, THENI
DISTRICT
TAMIL NADU, NOW RESIDING AT METTEKATT HOUSE,
KAMMATTIPADAM
NEAR KSRTC STAND, ERNAKULAM, KOCHI, PIN - 682011
BY ADV K.K.APPU
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY GENERAL MANAGER, SOUTHERN RAILWAY,
CHENNAI, TAMIL NADU, PIN - 400001
2 BRANCH MANAGER
PUNJAB NATIONAL BANK,
DURBAR HALL ROAD, KOCHI, PIN - 682016
R1 BY SRI. MANU S. ASGI
R2 BY SRI.SANDEEP ANKARATH
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P(C) NO. 724 OF 2022 3
Dated this the 1st day of June, 2022
JUDGMENT
The petitioners are the applicants 2 to 7 in O.A.IIU/ERS/054/2019 on the file of the Railway Claims Tribunal, Ernakulam. The respondents in the original petition were the respondents before the Tribunal.
2. The petitioners along with their mother had filed the claim petition seeking compensation from the respondents on account of the death of late Subburayar - the father of the petitioners - in an untoward incident at the Chengannoor railway station on 15.03.2016. During the pendency of the claim petition, the petitioners and the respondents settled the dispute before the Adalath conducted by the Tribunal and Exhibit P1 settlement award was passed.
3. The grievance of the petitioners is that, the amount as per Exhibit P1 will be deposited in a bank and will be disbursed to them only in monthly installments. Subsequent to the passing of the award, the mother of the petitioners passed away and the 6th petitioner's marriage is fixed. O.P(C) NO. 724 OF 2022 4 Hence, they urgently require the compensation amount. Hence, the original petition.
4. Sri.K.K.Appu, the learned counsel appearing for the petitioners, drew the attention of this Court to a judgment passed by this Court in O.P(C)No.1498/2021, in a case akin to the case on hand, wherein this Court has directed the respondents to pay the entire compensation amount as per the award in lump sum to the petitioners therein, following the ratio laid down by the Honourable Supreme Court in State of Punjab and another vs Jalour Singh & Others [(2008) 2 SCC 660]. This Court has held in the said judgment that, as the parties have arrived at settlement before the Adalath, they are not bound by the conditions in GSR No.347(E) dated 03.06.2020 passed by the Ministry of Railway.
5. In view of the categoric declaration of law by this Court in O.P (C)No.1498/2021, I am of the definite view that the petitioners are also entitled to the benefit of the above judgment, and are entitled to immediately receive the compensation amount as per Exhibit P1 award, instead of the same being paid to them in monthly installments. O.P(C) NO. 724 OF 2022 5
In the result, the original petition is allowed by setting aside Exhibit P1 award to the extent it directs the compensation amount to be released to the petitioners in monthly installments. The amount deposited by the respondents shall be released to the petitioners, on them submitting an application before the Tribunal with a certified copy of this judgment. The petitioners would also be at liberty to produce the death certificate of their mother and seek for the equal apportionment of her share. Immediately on the application being filed, the Tribunal shall release the entire amount due as per Exhibit P1 to the petitioners in lump sum, as per the proportion fixed in Exhibit P1, including the equal apportionment of the share of the original first applicant late S.Supputhai @ Subbuthai.
The original petition is ordered accordingly.
SD/-
C.S.DIAS, JUDGE rmm01/06/2022 O.P(C) NO. 724 OF 2022 6 APPENDIX OF OP(C) 724/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE SETTLEMENT AWARD DATED 29-3-2021 IN OA NO. 11 U/ERS/054 OF 2019 OF RAILWAY CLAIMS TRIBUNAL, ERNAKULAM BENCH.
Exhibit P2 TRUE COPY OF MANDATE FORM SHOWING BANK ACCOUNT DETAILS OF 1ST PETITIONER DATED 15-7-2021 Exhibit P2(a) TRUE COPY OF MANDATE FORM SHOWING BANK ACCOUNT DETAILS OF 2ND PETITIONER DATED 1-9-2021 Exhibit P2(b) TRUE COPY OF MANDATE FORM SHOWING BANK ACCOUNT DETAILS OF 3RD PETITIONER DATED 13-8-2021 Exhibit P2(c) TRUE COPY OF MANDATE FORM SHOWING BANK ACCOUNT DETAILS OF 4TH PETITIONER DATED 13-8-2021 Exhibit P2(d) TRUE COPY OF MANDATE FORM SHOWING BANK ACCOUNT DETAILS OF 5TH PETITIONER DATED 13-8-2021 Exhibit P 2(e) TRUE COPY OF MANDATE FORM SHOWING BANK ACCOUNT DETAILS OF 6TH PETITIONER DATED 31-8-2021 Exhibit P3 TRUE COPY OF LETTER DATED 16-12-2021 FROM ADDL. REGISTRAR, RCT ERNAKULAM TO THE BRANCH MANAGER, PUNJAB NATIONAL BANK, DH ROAD, KOCHI-16 Exhibit P4 TRUE COPY OF DEATH CERTIFICATE ISSUED BY THE REGISTRAR (BIRTH & DEATH GTMCH, THENI, TAMIL NADU) RESPONDENTS EXHIBITS:- NIL