Jharkhand High Court
Chhaya Devi vs Union Of India on 1 February, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Civil Miscellaneous Appellate Jurisdiction]
M.A. No. 635 of 2019
......
Chhaya Devi, W/o Paresh Badyakar .... .. ... Appellant(s)
Versus
Union of India, through the General Manager, Eastern Railway Office, Kolkata
. .. ... ... Respondent(s)
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through :-Video Conferencing)
.........
For the Appellant(s) : Mrs. Chaitali C. Sinha, Advocate.
For the Respondent : Mr. Gautam Rakesh, Advocate
..........
03 / 01.02.2021. Heard, learned counsel for the parties.
2. The appellant/claimant, Chhaya Devi, aged about 45 years has preferred the
instant Miscellaneous Appeal against the part of the Award dated 17.09.2019
passed by learned Member (Technical) Railway Claims Tribunal, Ranchi Bench in
Case No.OA(IIU)/RNC/97/2018 (Check List No.2906180012) whereby the
claimant (Chhaya Devi) has been entitled to get compensation amounting to
Rs.4,00,000/- and the amount of Rs.4,00,000/- payable to Paresh Badyakar, father
of the deceased, will be paid only on his appearance before the Court with a sworn
affidavit asserting that he is alive and making a claim in regard to compensation
payable to him on account of the death of his son, Gobinda Badyakar. It is further
ordered that 10% of the decretal amount of Rs.4,00,000/- i.e. Rs.40,000/- (though
it has wrongly been typed as Rs.80,000/- in the impugned order) awarded to the
beneficiary Chhaya Devi may be released immediately. The remaining 90% of the
decretal amount i.e. Rs.3,60,000/- awarded to the beneficiary Chhaya Devi be
kept in the form of fixed deposits of Rs.10,000/- each of the period of one month
to 36 months. The above FDs will be credited to the beneficiary account as and
when they mature every month.
4. Learned counsel for the appellant has submitted that amount of compensation
has been awarded to the claimant for death of deceased Gobinda Badyakar @ Raj
Kumar Badyakar, in a Railway accident occurred on 20.09.2010 while travelling
in a train (UP Burdwan Hatia Local train).
5. Learned counsel for the appellants has submitted that the claim application
was preferred on 14.06.2011 before the Railway Claims Tribunal, Ranchi Bench
which was decided while passing the award in favour of the claimant vide Award
dated 17.09.2019, but the instant Misc. appeal has been preferred by the claimant
only against the part of the conditions imposed by the learned Tribunal whereby it
has been ordered that 10% of the decretal amount of Rs.4 Lacs i.e. Rs.40,000/-
be released immediately in favour of appellant /claimant. The remaining 90% of
the decretal amount of the claimant shall be kept in the form of Fixed Deposits of
Rs.10,000/- each for a period of one month to 36 months. The above Fixed
Deposits will be credited to the beneficiary account as and when they mature
every month.
6. Learned counsel for the appellant has submitted that the learned Tribunal
has no authority to withhold the decretal amount on any conditions in absence of
any provision of law as the awarded amount can be utilized for the benefit of the
claimant.
7. Learned counsel for the appellant has further submitted that the claimant is
major. She cannot be debarred from the awarded amount on any conditions rather
the awarded amount should have been paid to the claimant at once at the time of
award by the Railway authorities as it is benevolent legislation.
8. Learned counsel for the appellant has further submitted that subsequently
the Railway Accidents and Untoward Incident (Compensation) Rules, 1990, has
been amended on 03.06.2020, but the same cannot have retrospective effect.
9. Learned counsel for the appellant has further submitted that Rule 5 of the
Railway Accidents and Untoward Incident (Compensation) Rules, 1990 which
has been amended on 03.06.2020 was not available before the learned Tribunal
while passing the Award on 17.09.2019, as such, the conditions imposed by the
learned Tribunal may be set aside and the decretal amount may be paid to the
appellant/claimant along with interest forthwith.
10. Learned counsel for the appellant has further submitted that the Hon'ble
High Court of Orissa has considered this issue, in F.A. O. No.375 of 2020 vide
judgment dated 01.06.2020. In the said judgment, Hon'ble High Court of Orissa
has also modified the order passed by the learned Tribunal and only part of the
awarded amount of minor claimants have been kept in the form of Fixed Deposits
in nationalized Bank under the guardianship of their mother till they attain
majority, but in the present case, claimant is major, as such, this Court may direct
the Railway to disburse the amount in favour of the claimant by setting aside the
part of the award whereby 90% of the decretal amount has been directed to be
kept in Fixed Deposits of Rs.10,000/- each for the period of one month to 36
months which is not sustainable in the eyes of law.
11. Learned counsel for the appellant has further submitted that this Court has also
passed order in M.A. No.634 of 2019 vide order dated 04.01.2021, as such, the
condition imposed in the Award be modified.
12. Learned counsel for the respondent has submitted that they have already
disbursed the amount, but such conditions have been put by the Railway Claims
Tribunal only with a view to safeguard the money of the claimant from the hands
of tout/middleman as she might be in clutches of such tout. The learned Tribunal
has passed such conditions in benefits of the claimant, who suffered because of
loss of her son in a Railway Accident, as such, the order passed by the learned
Tribunal does not require any interference by this Court.
12. After hearing learned counsel for the parties and looking into the facts and
circumstances of the case, it appears that appellant/claimant, Chhaya Devi, aged
about 45 years is admittedly a major at the time of filing of claim application. In
view of the judgment passed by the High Court of Orissa in F.A. O. No.375
of 2020 coupled with the amendment in the Railway Accidents and
Untoward Incident (Compensation) Rules 1990 brought on 03.06.2020 which
does not have any retrospective effect, this Court is inclined to set aside the part of
the award passed by the Railway Claims Tribunal whereby directions have been
given to retain/deposit 90% of the decretal amount in the form of Fixed Deposits
of Rs.10,000/- each for one month to 36 months.
13. Accordingly, an amount of Rs.3,60,000/- be paid to the appellant/claimant
[Chhaya Devi, aged about 45 years] along with prevalent rate of interest of a
Nationalized Bank from the date of award till the date of actual payment within a
period of 30 days from the date of service of copy upon the Railway Clams
Tribunal/Bank Manager.
14. The instant Miscellaneous Appeal stands allowed.
(Kailash Prasad Deo, J.)
Sandeep/
