Bombay High Court
Firdos Wd/O. Aasif Sheikh And ... vs Union Of India Thr. The General ... on 4 January, 2021
Bench: S. M. Modak
F.A.410.2018. 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Civil Application (CAF) No.1568 of 2020
IN
First Appeal No.410 of 2018 (D)
Firdos wd/o. Aasif Sheikh & Ors. Vs. Union of India, thr. The General Manager, Central Railway
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders
or directions and Registrar's orders.
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Ms. S.V. Salwankar, Advocate for the Appellants.
Shri R.G. Agrawal, Advocate for the Respondent-sole.
CORAM : S.M. MODAK, J.
DATE : 4th JANUARY, 2021.
Heard learned Advocate Ms. S.V. Salwankar for the
appellants/original claimants and learned Advocate Shri R.G. Agrawal
for the respondent/Union of India.
2. Read the judgment dated 13th April, 2018 passed by this
Court in First Appeal No.410/2018. At that time, the statutory
compensation along with the interest was Rs.4,00,000/-. The
applicability of notification dated 22nd December, 2016 to the
incidents prior to that date was a subject matter before the Hon'ble
Supreme Court. This was clarified by Hon'ble Supreme Court in case
of Union of India Vs. Rina Devi reported in AIR 2018 SC 2362.
3. This Court has directed to deposit an amount of
Rs.4,00,000/- in fixed deposit and only the interest was to be
disbursed to the appellants. Now, the Union of India has deposited
Rs.2,55,425. It is the remaining amount out of Rs.8,00,000/- as
clarified by Hon'ble Supreme Court. This Court on 19 th December,
2019 has mentioned this fact. Vide order dated 10th August, 2018, this
F.A.410.2018. 2/3
Court has already rejected the prayer for withdrawal. Now, the
claimants are coming with fresh prayer for withdrawal. It is submitted
that they do not want to withdraw the amount as deposited as per the
final judgment of this Court. They want to withdraw the enhanced
amount i.e. Rs.2,55,425/-. The reasons are given in the application
for withdrawal.
4. It is submitted that all the claimants be disbursed the
amount equally. So, it comes to Rs.63,857/- approximately
(2,55,425÷4). I think the entire share of the minor appellant
No.2 - Arhan cannot be allowed to be withdrawn. Ultimately, the
Court has to protect his interest. No one will be having any control on
spending of his share. So, at least Rs.25,000/- be kept in fixed deposit
out of Rs.63,857/- till he attains the majority. Hence the direction:-
The Railway Claims Tribunal, Nagpur is directed to
disburse ¼th of Rs.2,55,425/- to appellant No.1 - Firdos,
appellant No.3 - Salim and appellant No.4 - Shamimbanu
as per their office procedure.
The Railway Claims Tribunal, Nagpur is directed to keep
an amount of Rs.25,000/- in a fixed deposit in the name
of appellant No.2 - Arhan through her natural guardian -
mother i.e. appellant No.1 - Firdos initially for a period
of five years and it can be renewed time to time
depending upon the situation.
The Railway Claims Tribunal, Nagpur is directed to
disburse the amount which remains from Rs.63,857/-
after deducting an amount of Rs.25,000/- in favour of
F.A.410.2018. 3/3
appellant No.1- Firdos as a guardian of appellant
No.2 - Arhan.
The amount be disbursed after complying their office
procedure.
The Railway Claims Tribunal, Nagpur is directed to issue
necessary directions to Union Bank of India.
The civil application is disposed of.
JUDGE
vijay
