J Alagu Selvi vs Union Of India
2022 Latest Caselaw 6034 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
     WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
                         OP(C) NO. 724 OF 2022
  AGAINST THE ORDER/JUDGMENT IN OA II U/ERS/054/2019 OF RAILWAY
                       CLAIMS TRIBUNAL, ERNAKULAM
PETITIONER/S:

    1     J ALAGU SELVI
          AGED 39 YEARS
          DAUGHTER OF SUPPURAYAR, 253/1 NEW COLONY, MARIYAMMAN
          KOVIL STREET,
          SEEPALAKOTTAI POST, UTHAMAPALAYAM TALUK, THENI DISTRICT
          TAMIL NADU, NOW RESIDING AT METTEKATT HOUSE,
          KAMMATTIPADAM
          NEAR KSRTC STAND, ERNAKULAM, KOCHI,, PIN - 682011

    2     S AMSAVALLI
          AGED 37 YEARS
          DAUGHTER OF SUPPURAYAR,
          253/1 NEW COLONY, MARIYAMMAN KOVIL STREET,
          SEEPALAKOTTAI POST, UTHAMAPALAYAM TALUK, THENI DISTRICT
          TAMIL NADU, NOW RESIDING AT METTEKATT HOUSE,
          KAMMATTIPADAM
          NEAR KSRTC STAND, ERNAKULAM, KOCHI, PIN - 682011

    3     S SURESHKUMAR
          AGED 35 YEARS
          SON OF SUPPURAYAR, 253/1 NEW COLONY, MARIYAMMAN KOVIL
          STREET,
          SEEPALAKOTTAI POST, UTHAMAPALAYAM TALUK, THENI DISTRICT
          TAMIL NADU, NOW RESIDING AT METTEKATT HOUSE,
          KAMMATTIPADAM
          NEAR KSRTC STAND, ERNAKULAM, KOCHI, PIN - 682011

    4     S RAJKUMAR
          AGED 33 YEARS
          SON OF SUPPURAYAR,
          253/1 NEW COLONY, MARIYAMMAN 253/1 NEW COLONY,
          MARIYAMMAN KOVIL STREET,
          SEEPALAKOTTAI POST, UTHAMAPALAYAM TALUK, THENI DISTRICT
          TAMIL NADU, NOW RESIDING AT METTEKATT HOUSE,
          KAMMATTIPADAM
          NEAR KSRTC STAND, ERNAKULAM, KOCHI, PIN - 682011

    5     S SARASWATHI
          AGED 31 YEARS
 O.P(C) NO. 724 OF 2022                    2

             DAUGHTER OF SUPPURAYAR,
             253/1 NEW COLONY, MARIYAMMAN KOVIL STREET,
             SEEPALAKOTTAI POST, UTHAMAPALAYAM TALUK, THENI
             DISTRICT
             TAMIL NADU, NOW RESIDING AT METTEKATT HOUSE,
             KAMMATTIPADAM
             NEAR KSRTC STAND, ERNAKULAM, KOCHI, PIN - 682011

    6        S SNEHA
             AGED 26 YEARS
             DAUGHTER OF SUPPURAYAR,
             253/1 NEW COLONY, MARIYAMMAN KOVIL STREET,
             SEEPALAKOTTAI POST, UTHAMAPALAYAM TALUK, THENI
             DISTRICT
             TAMIL NADU, NOW RESIDING AT METTEKATT HOUSE,
             KAMMATTIPADAM
             NEAR KSRTC STAND, ERNAKULAM, KOCHI, PIN - 682011

             BY ADV K.K.APPU



RESPONDENTS:

    1        UNION OF INDIA
             REPRESENTED BY GENERAL MANAGER, SOUTHERN RAILWAY,
             CHENNAI, TAMIL NADU, PIN - 400001

    2        BRANCH MANAGER
             PUNJAB NATIONAL BANK,
             DURBAR HALL ROAD, KOCHI, PIN - 682016

              R1 BY   SRI. MANU S. ASGI

              R2 BY SRI.SANDEEP ANKARATH




     THIS     OP   (CIVIL)    HAVING   COME      UP    FOR    ADMISSION   ON
01.06.2022,     THE   COURT    ON   THE       SAME    DAY    DELIVERED    THE
FOLLOWING:
 O.P(C) NO. 724 OF 2022               3




              Dated this the 1st day of June, 2022

                           JUDGMENT

The petitioners are the applicants 2 to 7 in

O.A.IIU/ERS/054/2019 on the file of the Railway Claims

Tribunal, Ernakulam. The respondents in the original petition

were the respondents before the Tribunal.

2. The petitioners along with their mother had filed the

claim petition seeking compensation from the respondents on

account of the death of late Subburayar - the father of the

petitioners - in an untoward incident at the Chengannoor

railway station on 15.03.2016. During the pendency of the

claim petition, the petitioners and the respondents settled the

dispute before the Adalath conducted by the Tribunal and

Exhibit P1 settlement award was passed.

3. The grievance of the petitioners is that, the amount as

per Exhibit P1 will be deposited in a bank and will be

disbursed to them only in monthly installments. Subsequent

to the passing of the award, the mother of the petitioners

passed away and the 6th petitioner's marriage is fixed.

Hence, they urgently require the compensation amount.

Hence, the original petition.

4. Sri.K.K.Appu, the learned counsel appearing for the

petitioners, drew the attention of this Court to a judgment

passed by this Court in O.P(C)No.1498/2021, in a case akin

to the case on hand, wherein this Court has directed the

respondents to pay the entire compensation amount as per

the award in lump sum to the petitioners therein, following

the ratio laid down by the Honourable Supreme Court in

State of Punjab and another vs Jalour Singh & Others

[(2008) 2 SCC 660]. This Court has held in the said judgment

that, as the parties have arrived at settlement before the

Adalath, they are not bound by the conditions in GSR

No.347(E) dated 03.06.2020 passed by the Ministry of

Railway.

5. In view of the categoric declaration of law by this

Court in O.P (C)No.1498/2021, I am of the definite view that

the petitioners are also entitled to the benefit of the above

judgment, and are entitled to immediately receive the

compensation amount as per Exhibit P1 award, instead of the

same being paid to them in monthly installments.

In the result, the original petition is allowed by setting

aside Exhibit P1 award to the extent it directs the

compensation amount to be released to the petitioners in

monthly installments. The amount deposited by the

respondents shall be released to the petitioners, on them

submitting an application before the Tribunal with a certified

copy of this judgment. The petitioners would also be at liberty

to produce the death certificate of their mother and seek for

the equal apportionment of her share. Immediately on the

application being filed, the Tribunal shall release the entire

amount due as per Exhibit P1 to the petitioners in lump sum,

as per the proportion fixed in Exhibit P1, including the equal

apportionment of the share of the original first applicant late

S.Supputhai @ Subbuthai.

The original petition is ordered accordingly.

SD/-

C.S.DIAS, JUDGE

rmm01/06/2022

APPENDIX OF OP(C) 724/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SETTLEMENT AWARD DATED 29-3-2021 IN OA NO. 11 U/ERS/054 OF 2019 OF RAILWAY CLAIMS TRIBUNAL, ERNAKULAM BENCH.

Exhibit P2 TRUE COPY OF MANDATE FORM SHOWING BANK ACCOUNT DETAILS OF 1ST PETITIONER DATED 15-7-2021

Exhibit P2(a) TRUE COPY OF MANDATE FORM SHOWING BANK ACCOUNT DETAILS OF 2ND PETITIONER DATED 1-9-2021

Exhibit P2(b) TRUE COPY OF MANDATE FORM SHOWING BANK ACCOUNT DETAILS OF 3RD PETITIONER DATED 13-8-2021

Exhibit P2(c) TRUE COPY OF MANDATE FORM SHOWING BANK ACCOUNT DETAILS OF 4TH PETITIONER DATED 13-8-2021

Exhibit P2(d) TRUE COPY OF MANDATE FORM SHOWING BANK ACCOUNT DETAILS OF 5TH PETITIONER DATED 13-8-2021

Exhibit P 2(e) TRUE COPY OF MANDATE FORM SHOWING BANK ACCOUNT DETAILS OF 6TH PETITIONER DATED 31-8-2021

Exhibit P3 TRUE COPY OF LETTER DATED 16-12-2021 FROM ADDL. REGISTRAR, RCT ERNAKULAM TO THE BRANCH MANAGER, PUNJAB NATIONAL BANK, DH ROAD, KOCHI-16

Exhibit P4 TRUE COPY OF DEATH CERTIFICATE ISSUED BY THE REGISTRAR (BIRTH & DEATH GTMCH, THENI, TAMIL NADU)

RESPONDENTS EXHIBITS:- NIL