Kunhiraman.A.V vs Union Of India
2023 Latest Caselaw 7862 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE P.SOMARAJAN
          Wednesday, the 26th day of July 2023 / 4th Sravana, 1945
                  IA.NO.1/2023 IN MFA (RCT) NO. 31 OF 2019
        OA(IIU)ERS/0041/2017 OF RAILWAY CLAIMS TRIBUNAL, ERNAKULAM.
PETITIONER/APPELLANTS:

  1. KUNHIRAMAN.A.V., AGED 66 YEARS, S/O. MUNDAN, EDAMANNIKAL,
     VALIYAMUTTAM, PARAPPA, KASARAGODE DISTRICT, KERALA-690542.
  2. KUMBA, W/O.KUNHIRAMAN, S/O.MUNDAN, EDAMANNIKAL, VALIYAMUTTAM,
     PARAPPA, KASARAGODE DISTRICT, KERALA-690542.
  3. SUSEELA.P, D/O.KUMBA, AGED 34 YEARS, EDAMANNIKAL, VALIYAMUTTAM,
     PARAPPA, KASARAGODE DISTRICT, KERALA-690542.

RESPONDENT/RESPONDENT:

     UNION OF INDIA, REPRESENTED BY ITS GENERAL MANAGER, SOUTHERN
     RAILWAY, CHENNAI-3.


     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to direct the Railway
Tribunal, Ernakulam to disburse the amount mentioned in the judgment dated
07.12.2022 in MFA RCT No.31/2019, to the Appellants within a time -frame
fixed by this Honourable Court in the ratio decided by this Honourable
Court, in the interest of justice.


     This Application coming on for orders, upon perusing the application
and the affidavit filed in support thereof, and this court's judgment
dated 7.12.2022 and upon hearing the arguments of M/S.V.JAYAPRADEEP and
ANN SUSAN GEORGE, Advocates for the petitioners, and of MR.N.K.SUBRAMANIAN
and K.SHRI HARI RAO, SC, RAILWAYS for the respondent, the court passed
the following:




                                                            P.T.O.
                              P.SOMARAJAN, J.
                    -------------------------------
                            I.A.No.1 of 2023
                                    in
                         MFA(RCT).No.31 of 2019
                       ---------------------------
                     Dated this the 26th day of July, 2023

                                      O R D E R

It is based on a letter received from the

Railway Tribunal, the petitioners once again came

up before this Court in I.A.No.1 of 2023. The

amount already deposited was not disbursed to the

petitioners on the simple reason that it is not

made mention in the judgment about the

apportionment of the amount to the appellants.

When there is no such direction, the amount has to

be disbursed equally between the appellants. That

noble principle was not adopted by the Railway

Tribunal, but caused to issue a letter. Hence the

practice is highly deprecated. There will be a

direction to the Railway Tribunal to disburse the

amount equally among the appellants within fifteen

days from today.

H/o.

Sd/-

P.SOMARAJAN JUDGE LEK 26-07-2023 /True Copy/ Assistant Registrar