Narender Kaur vs Union Of India And Ors
2022 Latest Caselaw 17356 P&H

CR-2474-2020(O&M)                             -1-

       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                      CHANDIGARH

                                  CR-2474-2020(O&M)
                                  Date of decision:-20.12.2022
Narender Kaur

                                                                  ...Petitioner
                    Versus

Union of India through its General Manager Northern Railway, New
Delhi and others
                                                    ...Respondents

CORAM: HON'BLE MR.JUSTICE H.S.MADAAN

Present:      Mr.Parminder Singh, Advocate
              for the petitioner.

              Mr.S.K. Sharma, Advocate
              for respondent No.1.

                           ****
H.S. MADAAN, J.

1. Briefly stated, facts of the case are that on account of death of

Dilbag Singh on 21.8.2017, which took place on account of fall from the

moving train at KM No.139/1-3 (between Nilokheri & Amin Railway

Stations), the legal representatives of the deceased, namely, Jagir Singh

and three others had brought an application under Section 16 of The

Railway Claims Tribunal Act, 1987 read with Section 124-A of the

Railways Act, 1989 before Railway Claims Tribunal, Chandigarh Bench,

Chandigarh seeking compensation of Rs.20 lakhs along with interest. The

Union of India through its General Manager, Northern Railway, New

Delhi was impleaded as a respondent in that application. The respondent

put in appearance and contested the application praying for its dismissal.

Following issues were framed:

1. Whether the deceased was a bonafide passenger of train at the time

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of incident?

2. Whether the alleged incident is covered within the ambit of Section

123(c)(2) read with Section 124-A of the Railways Act?

3. Whether the applicants are the sole dependents of the deceased?

4. Relief.

2. The parties were afforded adequate opportunities to lead

evidence. After hearing arguments, the Tribunal gave issue-wise findings

and awarded compensation of Rs.8 lakhs with interest @ 6% per annum

from the date of accident till the date of order to all the four claimants in

equal shares. It was directed that in order to prevent the misuse of

compensation amount by some unscrupulous elements and sometimes by

middlemen, a special arrangement is made in reference to judgment of

Delhi High Court approved by the Apex Court relating to Annuity Deposit

Scheme.

3. The claimant Narender Kaur is feeling aggrieved by such

direction and has filed the present revision petition contending that an

amount of Rs.2,083/- per month has been ordered to be released in favour

of the petitioner, which is very meagre amount considering the joint

family of the petitioner; the petitioner is unable to repay the loan or use

the amount for the marriage of her daughter or on study of her children. It

is further contended that compensation amount, which is lying deposited

with Punjab National Bank, Kheri Shaefali be ordered to be released in

favour of the petitioner since she requires the amount to return the loan

amount to Moothoot Finance Ltd. and to use money for looking after and

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welfare of her children; the finance company is charging interest @ 26%

per annum, whereas the petitioner is getting interest @ 4.5% per month.

4. Notice of that revision petition was given to respondents and

respondent No.1 put in appearance through counsel.

5. I have heard learned counsel for the parties besides going

through the record.

6. I find that considering the facts and circumstances of the

case, the requirement of petitioner for money appears to be genuine and

not having any element of mala fide. It is her consistent stand that she

wants money for the bringing up and welfare of her children and to repay

the loan raised from a finance company, which is charging exorbitant rate

of interest. This Court can certainly examine the legality and validity of

the orders passed by the Tribunals within its jurisdiction while exercising

the powers under Article 227 of the Constitution of India. Such direction

issued qua petitioners/claimants is not found to be proper and appropriate

and is rather liable to be set aside. It is so done accordingly. Resultanlty,

Punjab National Bank, Kheri Shaefali is directed to release the entire

amount belonging to the petitioner/claimant at the earliest.

7. The revision petition is allowed accordingly.

20.12.2022                                         (H.S.MADAAN)
Brij                                                   JUDGE

Whether reasoned/speaking :             Yes/No

Whether reportable              :       Yes/No




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