Punjab-Haryana High Court
Margret James vs Union Of India on 12 April, 2023
RAJ KUMAR
2023.04.13 17:52
2023:PHHC:050939
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
273
CR No.1798 of 2023
DATE OF DECISION : 12" APRIL, 2023
Margret James
.... Petitioner
Versus
Union of India through its General Manager, Northern Railways, Baroda
House, New Delhi
.... Respondents
CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT
3 Ok Ok OK
Present: | Mr. Parminder Singh, Advocate for petitioner.
Mr. N. K. Vashist, Sr. Panel Counsel for respondent-UOI.
3K OK OK
RAJBIR SEHRAWAT, J. (Oral)
The petitioner has filed this petition under Article 227 of the
Constitution of India, praying for setting aside the order dated 28.02.2023
(Annexures P-10) whereby application moved for issuance of direction to
release the compensation amount lying in the FDR, in order to meet the
expenses of under treatment of fracture and for surgery, in the light of
order dated 14.02.2023 (Annexure P-8) and report submitted by the
Officer of the Railway Department dated 24.02.2023 (Annexure P-9),
was dismissed by the Railway Claims Tribunal, Chandigarh (in short, the
Tribunal); along with certain other prayers.
The counsel for the petitioner has submitted that the
Tribunal has wrongly declined the prayer of the petitioner for release of
the amount of compensation despite there being emergent situation for
the petitioner. The counsel has submitted that the petitioner had suffered
fracture in hip bone and requires immediate medical procedures.
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RAJ KUMAR
2023.04.13 17:52
CR No.1798 of 2023
Therefore, the petitioner requires money for the said purpose. When the
petitioner approached the Tribunal, the Tribunal had also deputed an
Inquiry Officer to find out the truth about the factum of the medical
condition of the petitioner. Even the said Inquiry Officer had submitted
report regarding genuineness of the prayer made by the petitioner
recording therein that she had, in fact, suffered the fracture and the
hospital had advised the medical procedure. The said report has also
been attached with the present petition as Annexure P-9. Hence, the
amount of compensation deserves to be released to the petitioner.
On the other hand, the counsel for the respondent-UOI has
submitted that the Fixed Deposit was created only pursuant to the
direction of the Tribunal. FDR is maturing in December, 2023. In any
case the petitioner would be getting the amount in December, 2023.
Therefore, there is no requirement of releasing the amount at this stage.
However, the counsel has not been able to rebut the factum of the
petitioner suffering with the medical condition and the medical procedure
having been prescribed for her qua the said problem, as is reflected in the
report of the Tribunal appointed Inquiry Officer as well.
Since the petitioner has been awarded the compensation to
meet the exigencies of life and, therefore, the petitioner is not unjustified
in making prayer to the Tribunal for release of the amount keeping in
view the medical condition she is facing. There could have been some
doubt had the Tribunal not appointed the Inquiry Officer to assess the
medical condition and to verify the prescribed treatment. However, in
this case even the Tribunal appointed the Inquiry Officer has
verified the factum of problem being suffered by the petitioner and
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CR No.1798 of 2023
requirement of the money. Therefore, the Tribunal should have ordered
the release of the amount in favour of the petitioner. Needless to say that
compensation amount has been awarded to the petitioner to overcome the
difficulties of life. The petitioner cannot be forced to remain in problem
despite her money lying in FDR.
Accordingly, the present petition is allowed. The Tribunal is
directed to release the amount of compensation qua the share of the
petitioner forthwith.
12™ APRIL, 2023 (RAJBIR SEHRAWAT)
'raj JUDGE
Whether speaking/reasoned: Yes No
Whether Reportable: Yes No
RAJ KUMAR
2023.04.13 17:52
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