Ravindra Kumar Ray And Anr vs Union Of India
2024 Latest Caselaw 16432 P&H

Punjab-Haryana High Court

Ravindra Kumar Ray And Anr vs Union Of India on 6 September, 2024

Author: Pankaj Jain

Bench: Pankaj Jain

                              Neutral Citation No:=2024:PHHC:116781




FAO-4174-2024 (O&M)


FAO-4201-2024 (O&M)


FAO-4207-2024 (O&M)


FAO-4214-2024 (O&M)

FAO-4215-2024 (O&M)



       IN THE HIGH COURT OF PUNJAB AND HARYANA
                    AT CHANDIGARH

                        Date of decision : 06.09.2024
112                       FAO-4174-2024 (O&M)
RAVINDRA KUMAR RAY AND ANR                                    ....Appellants

                                      Versus
UNION OF INDIA                                               .....Respondent

113                        FAO-4201-2024 (O&M)
SATVIR SINGH AND OTHERS                                       .....Appellants

                                      Versus
UNION OF INDIA                                               .....Respondent

114                         FAO-4207-2024 (O&M)
SARABJIT KAUR AND OTHERS                                      .....Appellants

                                      Versus
UNION OF INDIA                                              .....Respondent

115                         FAO-4214-2024 (O&M)
SURESH SADA                                                  .....Appellant
                                      Versus

UNION OF INDIA                                             .....Respondent

116                           FAO-4215-2024 (O&M)

DHARMINDER TIWARI ALIAS KUMAR                                 ....Appellant
                        Versus

UNION OF INDIA                                               ....Respondent




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                                  Neutral Citation No:=2024:PHHC:116781




FAO-4174-2024 (O&M)


FAO-4201-2024 (O&M)


FAO-4207-2024 (O&M)


FAO-4214-2024 (O&M)

FAO-4215-2024 (O&M)



CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN

Present :    Mr. Ujval Mittal, Adocate
             for the appellants in FAO-4174-2024 and FAO-4215-2024.

             Mr. Arnav Kumar, Advocate
             for respondent/UOI in FAO-4207-2024 and FAO-4214-2024.

             Mr. Kinshuk Nanda, Advocate
             for respondent/UOI in FAO-4215-2024.

             Mr. Navjit Singh, Central Govt. Counsel
             for respondent/Union of India.

             Mr. Ravinder Pal Singh, Sr. Panel Counsel
             for respondent/Union of India.

PANKAJ JAIN, J. (ORAL)

This order shall dispose off above mentioned five appeals.

2. These five appeals are directed against the award passed by the

Railway Claims Tribunal, Chandigarh Bench, Chandigarh.

3. The grievance of the appellants is only to the extent that the

Tribunal ought not have ordered the money to be kept in fixed deposits and

should have rather ordered release thereof.

4. Counsels for the respondent-Union of India do not have any

objection.

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Neutral Citation No:=2024:PHHC:116781

FAO-4174-2024 (O&M)

FAO-4201-2024 (O&M)

FAO-4207-2024 (O&M)

FAO-4214-2024 (O&M)

FAO-4215-2024 (O&M)

5. This Court while dealing with the same issue in CR No.493-

2020 titled as Sahjadi Khatoon & ors. vs. Union of India vide order dated

27.01.2020 observed as under :-

"4. To retrieve the part compensation, the earned counsel for the petitioner places reliance on Rani's case (supra). At any rate, it is well-settled in law that where the right to money is based on final decree and the original owner has the choice of appropriation of compensation in the manner he regards best in the interest of that person, the money deposited by the judgment debtor has to be handed over to the award-holder without placing any riders thereon. It is trite law that once compensation amount is awarded by the court, it should go to the claimant. No one can question a major person of sound mind entitled to an adjudicated amount of compensation in an award which has become final, suspecting how the money would be put to use by the rightful owner. This is not the business of the Tribunal. This court hopes that such litigation should not come to it again."

6. In view of above, this Court finds that the Tribunal at the first

instance ought not have raised clog over the rights of the claimants. The

claimants having been awarded compensation have unfettered right to use

the money.

7. In view of above, the condition imposed by the Tribunal with

respect to deposit of the money in the Fixed Deposit is hereby set aside.

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Neutral Citation No:=2024:PHHC:116781

FAO-4174-2024 (O&M)

FAO-4201-2024 (O&M)

FAO-4207-2024 (O&M)

FAO-4214-2024 (O&M)

FAO-4215-2024 (O&M)

Compensation amount to the appellants along with the interest earned

thereon is ordered to be released forthwith.

8. All five appeals stand disposed off accordingly.

9. Since the main appeals have been decided, pending

application(s), if any, shall also stand disposed off.

10. A copy of this order be kept on the files of other connected

cases.

September 06, 2024                                                (Pankaj Jain)
Dpr                                                                  Judge
             Whether speaking/reasoned         :         Yes/No
             Whether reportable                :         Yes/No




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