Gauhati High Court
Page No.# 1/3 vs The Union Of India on 17 March, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/3
GAHC010042032025
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : MFA/11/2025
SANGEETA MAYA THAPA
W/O. LT. PADMA BAHADUR THAPA
2: GANESH BDR THAPA
S/O. LT. PADMA BAHADUR THAPA
3: SABITRI THAPA
D/O. LT. PADMA BAHADUR THAPA
4: PURNA BAHADUR THAPA
S/O. LT. PADMA BAHADUR THAPA
ALL ARE R/O. VILL.- NAMSAI BLOCK 111
NAMSAI CIRCLE
P/O. AND P/S. NAMSAI
DIST. NAMSAI
ARUNACHAL PRADESH
PIN-792103
VERSUS
THE UNION OF INDIA
REP. BY THE GENERAL MANAGER, SOUTHERN RAILWAY, CHENNAI.
Advocate for the appellant(s): Mr. S Sutradhar
Advocate for the respondent(s): X X
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BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
ORDER
17.03.2025
Heard Mr. S Sutradhar, the learned counsel appearing on behalf of the
appellants.
2. The present appeal has been filed challenging the judgment and order
dated 27.11.2024 passed by the Railway Claims Tribunal Guwahati Bench in
OA(llu)/GHY/48/2004 whereby an amount of Rs.8,00,000/- was awarded as
compensation along with interest @6% per annum from the date of the
accident till the date of the order. In addition to that, it was further mentioned
that if the amount is not deposited within 91 days from the date of the said
order passed in the claim proceedings, an interest @9% shall accrue up to the
date of payment.
3. The learned counsel appearing on behalf of the appellants who are the
claimants submits that they are not aggrieved with the amount of compensation
so awarded. However, the appellants herein are aggrieved at the direction given
to the effect that the amounts which was awarded should be kept on fixed
deposits.
4. The learned counsel appearing on behalf of the appellant submits that this
amount is very much essential to the claimants for the purpose of survival as
well as carrying out of some business and more particularly in respect to the
appellant Nos.1, 2 and 3.
5. He, therefore, submitted that the impugned judgment dated 27.11.2024 is
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required to be modified.
6. This Court enquired with the learned counsel appearing on behalf of the
appellants as to whether any such application is being filed before the learned
Tribunal, inasmuch as, that would require some consideration on the facts. The
learned counsel submits that no such application was filed in that regard before
the learned Tribunal.
7. Taking into account the above, this Court is not inclined to entertain the
appeal as the appeal only relates to the mode of disbursement of the amount.
However, this Court grants the liberty to the appellants to file appropriate
application before the Railway Claims Tribunal seeking modification as regards
the manner of disbursement of the said amount by stating the facts, for which,
such modification is required. It is observed that in the circumstance, such
application is filed, the learned Member (Judicial) Railway Claims Tribunal,
Guwahati Bench shall duly consider the same on the extant facts and pass
appropriate order(s). It is, however, observed that if the appellants thereupon is
aggrieved, they would be at liberty to approach this Court, if so advised.
8. With the above, the instant appeal stands disposed of.
JUDGE
Comparing Assistant
