Allahabad High Court
Ramvali vs Union Of India Thru. Its G.M. ... on 30 May, 2022
Bench: Suneet Kumar, Ajai Kumar Srivastava-I
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 6
Case :- WRIT - C No. - 3065 of 2022
Petitioner :- Ramvali
Respondent :- Union Of India Thru. Its G.M. Northern Railway, New Delhi And Others
Counsel for Petitioner :- Amrita Singh,Amit Kumar,Pradeep Kumar Singh
Counsel for Respondent :- A.S.G.I.
Hon'ble Suneet Kumar,J.
Hon'ble Ajai Kumar Srivastava-I,J.
Heard learned counsels for the parties.
In view of the order proposed to be passed notices to second and third respondents are dispensed with.
By the instant petition, petitioners seek a direction to the respondents to release the total compensation awarded at Rs. eight lakhs.
The Railway Claims Tribunal vide judgment and award dated 24.03.2022 allowed the application (Case No. OA/II/U/451/18) awarding compensation at Rs. eight lakhs along with nine per cent interest per annum. Fifteen per cent was directed to be released to the petitioner and the remaining amount was to be paid in 36 equal monthly installments as per direction of Delhi High Court rendered in Geeta Devi Vs. Union of India (FAO 22/2015 & CMA 4501/2015). It is urged that pursuant to the directions rendered by Delhi High Court, the Ministry of Railways vide notification dated 03.06.2020 amended the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990, with effect from 01.01.2020. Para-5.4.3 provides for protection of the award amount and directs that the awarded amount is to be paid and released in installments.
It is urged by learned counsel for the petitioners that the amended Rules would not apply to the awards rendered prior to 03.06.2020. He further submits that the petitioners need the entire amount, along with interest, to solemnize the wedding of their daughter, Annu. The wedding-card has been placed on record. The wedding is fixed for 07.06.2022.
Learned counsel appearing for the respondent-Railways submits that the entire amount at Rs. eight lakhs along with interest has not been deposited with the Addl. Registrar, Railway Claims Tribunal, Lucknow.
The object of permitting payment in instalments is to ensure that the money remains available for appropriate use of the claimants, and if the entire amount is paid in one go the future interest of the claimants would be lost sight of. The direction of the Delhi High Court as also the consequential notification issued by the Ministry has the object of providing and protecting the best interest of the claimants only.
In the facts of the present case, petitioners are senior citizens. It is urged that in the event the entire amount is not released to the petitioners, they will not be able to solemnize the marriage of their daughter for want of resources. The factum of the marriage fixed for 07.06.2022 is not being disputed by learned counsel appearing for the respondents.
In the facts and circumstances of the case, considering the need and urgent requirement of the petitioners, this Court is of the considered opinion that the award of Claims Tribunal dated 24.03.2022 is liable to be modified, and, is modified accordingly. The entire awarded amount along with interest at the rate of nine per cent thereon shall be remitted to the saving bank account of first petitioner by the Addl. Registrar of Railway Claims Tribunal, Lucknow, within two weeks from the date. The respondents shall compute and deposit the interest amount within a week. Petitioners shall furnish details of the bank account within a week, if not already furnished.
With the aforesaid directions, this writ petition stands disposed of finally.
Order Date :- 30.5.2022
A.Dewal
