Punjab-Haryana High Court
Surender Kumar vs Union Of India on 9 September, 2024
Author: Pankaj Jain
Bench: Pankaj Jain
Neutral Citation No:=2024:PHHC:117763
FAO-4205-2024 (O&M)
FAO-4243-2024 (O&M)
FAO-4244-2024 (O&M)
FAO-4260-2024 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Date of decision : 09.09.2024
130 FAO-4205-2024 (O&M)
SURENDER KUMAR ....Appellant
Versus
UNION OF INDIA ...Respondent
132 FAO-4243-2024 (O&M)
KANHIYA AND OTHERS ....Appellants
Versus
UNION OF INDIA ...Respondent
133 FAO-4244-2024 (O&M)
JASWANTI ....Appellant
Versus
UNION OF INDIA ....Respondent
134 FAO-4260-2024 (O&M)
POOJA AND OTHERS ....Appellants
Versus
UNION OF INDIA AND OTHERS ....Respondents
CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN
Present : Mr. Ujval Mittal, Advocate
for the appellant(s) (in all the cases).
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Neutral Citation No:=2024:PHHC:117763
FAO-4205-2024 (O&M)
FAO-4243-2024 (O&M)
FAO-4244-2024 (O&M)
FAO-4260-2024 (O&M)
Mr. Arshad Ali, Advocate
for the respondent-UOI in FAO-4205-2024.
Mr. Ritik Mohindroo, Advocate for
Ms. Ruchita Garg, Advocate
for the respondent-UOI in FAO-4243-2024.
Ms. Ayushi Sharma, Advocate
for the respondent-UOI in FAO-4244-2024.
Mr. Ritik Mohindroo, Advocate for
Ms. Bhawna Thakur, Advocate
for the respondent No.1-UOI in FAO-4260-2024.
PANKAJ JAIN, J. (ORAL)
This order shall dispose off above mentioned four appeals.
2. These four 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.
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 :-
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Neutral Citation No:=2024:PHHC:117763
FAO-4205-2024 (O&M)
FAO-4243-2024 (O&M)
FAO-4244-2024 (O&M)
FAO-4260-2024 (O&M)
"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.
Compensation amount to the appellants along with the interest earned
thereon is ordered to be released forthwith.
8. All four appeals stand disposed off accordingly.
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Neutral Citation No:=2024:PHHC:117763
FAO-4205-2024 (O&M)
FAO-4243-2024 (O&M)
FAO-4244-2024 (O&M)
FAO-4260-2024 (O&M)
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 09, 2024 (Pankaj Jain)
Dpr Judge
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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