Madhumati @ Madhomati Satnami vs The Union Of India
2023 Latest Caselaw 931 Gua

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GAHC010019772022




                          THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                               Case No. : MFA/33/2022

           MADHUMATI @ MADHOMATI SATNAMI
           W/O LATE RAMPRASAD SATNAMI
           RESIDENT OF VILLAGE NO. 2, NAMBOKALIA,
           PO SILAPUTA TINIALI, PS BOKALIA GHAT, DIST KARBI ANGLONG,
           ASSAM.



           VERSUS

           THE UNION OF INDIA
           REPRESENTED BY THE GENERAL MANAGER, NF RAILWAY, MALIGAON,
           GUWAHATI 781011


Advocate for the Petitioner : MR. S CHAUHAN
Advocate for the Respondent : SC, NF RLY



                                   :: BEFORE ::
                    HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                   O R D E R

10.03.2023

Heard the learned counsel Mr. S. Chauhan appearing for the appellant. Also heard Mr. B. Sarma, the learned standing counsel, N.F.

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Railway.

This appeal under Section 23 of the Railway Claims Tribunal Act, 1987 is against the judgment and order dated 30.11.2021 passed by the Railway Claims Tribunal Guwahati Bench in O.A.IIu No.22/2018.

The factual matrix giving rise to this appeal lies within a very short campus.

The son of the appellant died in a railway accident and the Tribunal awarded a compensation of Rs.8 lakh. While awarding the compensation, only an amount of Rs.80,000/- was directed to be paid directly to the appellant and the rest of the amount of Rs.7,20,000/- was directed to be fixed deposited in 36 Fixed Deposit accounts. In this way, as many as eight restrictions were created.

Mr. Chauhan has submitted that the act of the Tribunal amounts to denial of compensation. According to Mr. Chauhan the appellant is the mother and the only legal heir of her deceased son. Mr. Chauhan further submits that the appellant in her fifties.

Mr. Sarma has submitted that the Tribunal awarded the compensation on the basis of some guidelines laid down by the Hon'ble Supreme Court. But the guidelines could not be satisfactorily laid down before this Court.

I have considered the submissions made by the learned counsels of both sides.

I have deiced to agree with Mr. Chauhan that the act of the Tribunal amounts to denial of compensation. Therefore, the appeal is partially allowed.

The impugned judgment stands modified. Out of the total Page No.# 3/3

compensation of Rs.8 lakh, an amount of Rs.2 lakh shall be kept fixed deposited in a nationalized bank for a period of five years. The remaining six lakhs, shall be paid to the appellant.

With the aforesaid direction, the appeal is disposed of.

JUDGE

Comparing Assistant