Page No.# 1/4 vs Union Of India And Anr
2025 Latest Caselaw 5635 Gua

Gauhati High Court

Page No.# 1/4 vs Union Of India And Anr on 23 June, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                 Page No.# 1/4

GAHC010101062025




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

                            Case No. : CRP(IO)/183/2025

          BABUL KISKU AND ANR
          SON OF LATE DICHAM KISHU, RESIDENT OF PABHAJAN GAON, P.O AND
          P.S- BARPATHAR, DISTRICT- GOLAGHAT, ASSAM, PIN-785602

          2: SMTI SUSHILA KISKU
          WIFE OF SRI BABUL KISKU
           RESIDENT OF PABHAJAN GAON
           P.O AND P.S- BARPATHAR
           DISTRICT- GOLAGHAT
          ASSAM
           PIN-78560

          VERSUS

          UNION OF INDIA AND ANR
          REPRESENTED BY SECRETARY TO THE GOVERNMENT OF INDIA,
          RAILWAY DEPARTMENT, NEW DELHI-110011

          2:GENERAL MANAGER
           SOUTH CENTRAL RAILWAY
           RAIL NILAYAM
           SAROJINI DEVI ROAD
           SECUNDERABAD
          TELENGANA
           PIN-50000

For the petitioner (s)   : Mr. M. Saikia, Advocate

For the respondent (s) : Ms. A. Gayan, Dy. SGI
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                             BEFORE
              HON'BLE MR. JUSTICE DEVASHIS BARUAH
                            ORDER

23.06.2025

Heard Mr. M. Saikia, the learned counsel appearing on behalf of the petitioner and Ms. A. Gayan, the learned counsel who appears on behalf of the respondents.

2. The instant petition has been filed challenging the order dated 08.04.2025 passed by the learned Member (Judicial), Railway Claims Tribunal, Guwahati Bench whereby the application so filed being Miscellaneous Application No.MA/GHY/012/2025 was dismissed.

3. It is relevant to take note of that the Railway Claims Tribunal, Guwahati Bench in Original Claim Application No.OAIIu- 17/2023 vide the judgment dated 29.02.2024 had awarded an amount of Rs.8,00,000/- with 6% interest from the date of the accident to the date of the order and further directed that if the said amount is not paid within 90 days, the amount shall carry

interest at the rate of 9% from the 91 st day of receipt of the order till actual depositing. It was also mentioned in the said order that the compensation which is to be paid would be distributed in equal proportion between the petitioners. The Page No.# 3/4

learned Tribunal further observed that out of the said amount, Rs.3,00,000/- each shall be kept in the fixed deposit in a nationalized bank for three years and on completion of three years, the entire amount along with interest will be transferred to their Savings Bank Accounts.

4. It is relevant to take note of that pursuant to the said directions, the amounts were duly deposited and the applicants herein have received an amount of Rs.2,83,000/-. However, on account of the urgent necessity, the applicants filed an application before the learned Tribunal which was registered and numbered as Miscellaneous Application No.MA/GHY/012/2025 for release of the remaining amount which has been kept in the fixed deposit. The said application was rejected, and it is under such circumstances, the present application has been filed.

5. This Court has duly taken note of the additional affidavit which has been filed in pursuant to the order passed by this Court and from the said additional affidavit, it appears that the applicants who are presently 65 and 60 years respectively are in urgent need of the said amount.

6. Under such circumstances, it is therefore the opinion of this Court that the learned Tribunal ought to have taken into consideration the said application and allowed it.

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7. Accordingly, this Court allows the relief sought for in Miscellaneous Application No.MA/GHY/012/2025 and further directs the learned Tribunal to pass appropriate order upon a certified copy of this order being produced before the learned Tribunal.

8. With the above, the instant petition stands disposed of.

JUDGE

Comparing Assistant