Punjab-Haryana High Court
Kamaljit Kaur And Anr vs Union Of India And Anr on 18 September, 2024
Neutral Citation No:=2024:PHHC:124844
CWP-728-2020 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
218 CWP-728-2020
Date of decision: 18.09.2024
Kamaljit Kaur & another ...Petitioners
Versus
Union of India & another ...Respondents
CORAM: HON'BLE MR. JUSTICE VINOD S. BHARDWAJ
Present : Mr. Dinesh Nagar, Advocate,
for the petitioners.
Ms. Anita Balyan, Advocate,
for respondent No.1.
VINOD S. BHARDWAJ, J. (Oral)
Prayer in the present petition is for quashing of the impugned
order dated 26.11.2019 (Annexure P-7), whereby execution application filed
by the petitioners for execution of the judgment and order dated 03.04.2019
passed by this Court in FAO-4058-2006 was dismissed.
Learned counsel for the petitioners contends that the father of
the petitioners Saudagar Chand had died on 08.01.2003 in a railway
accident while travelling by train No.11JH DMU. A claim petition was
filed by Smt. Gurbaksh Kaur and the petitioners, being wife and children of
deceased Saudagar Chand, under Railway Claims Tribunal Act, 1987. The
same was registered as OA-II/51/2003. The said claim petition was
however dismissed by the Railway Claims Tribunal, Chandigarh vide order
dated 23.01.2006. The same was challenged by way of filing FAO No.4058
of 2006 before this Court, wherein the impugned order dated 23.01.2006
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was set aside by this Court vide order dated 03.04.2019 and compensation
to the tune of Rs.4.00 lakhs was awarded to the present petitioners as well
as Gurbaksh Kaur, to be paid along with interest @ 9% per annum, from the
date of filing of the claim application till the date of payment of the
compensation amount. It is further informed that during the pendency of
FAO-4058-2006, Gurbaksh Kaur (mother of the petitioners) died on
24.12.2018. However, the factum of her death could not be brought to the
knowledge of the Court or the counsel representing the
appellants(petitioners herein).
After the passing of the aforesaid order, execution petition was
filed by the petitioners for disbursement of the decretal amount. The matter
was posted before the Railway Claims Tribunal, Chandigarh for production
of the legal heir certificate which was also duly placed on record by the
petitioners, but despite availability of the said certificate, the execution
petition was dismissed vide impugned order dated 26.11.2019 by holding as
under:-
"Memo of appearance filed on behalf of the applicant.
Ld. counsel for the applicant submitted that since the
main claimant in this case has died and sought the
division of her share among the other applicants. Since
the award of compensation was made by the Hon'ble
Punjab and Haryana High court, so this Tribunal can not
interfere into the findings of the Hon'ble High Court
relating to the division of shares of the applicants.
Moreso, the present execution application also suffer
from a number of latches. The same stands dismissed.
File be consigned to the record room."
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Aggrieved thereof, the present writ petition has been filed.
Learned counsel appearing for the petitioners has vehemently
argued that death certificate as well as the legal heir certificate has been
placed on record, which establishes that the petitioners are the only
remaining legal heirs of the deceased Gurbaksh Kaur (mother of the
petitioners herein) and that division of her share amongst the petitioners was
an aspect which the Executing Court could have duly taken into
consideration. Dismissal of the execution application was hence improper
and the impugned order is thus liable to be set aside.
Learned counsel for respondent No.1 is not in a situation to
rebut that the compensation was awarded to all the petitioners (appellants)
including Gurbaksh Kaur, who has since passed away. She is also not in a
position to dispute that no person, other than the petitioners, has raised any
claim to be the legal heirs of deceased Gurbaksh Kaur or to claim
compensation or a portion of the compensation. It is also not disputed by
her that the legal heir certificate had been duly furnished by the petitioners
and despite the same it has not even been discussed in the impugned order
dated 26.11.2019 passed by the Executing Court.
Having heard learned counsel for the parties, I am of the
opinion that the impugned order dated 26.11.2019 suffers from non-
appreciation of the facts and does not take into consideration the powers of
the executing Court, which also includes taking note of the subsequent
developments that may happen in the interregnum. There is no bar in
apportionment of compensation amongst the legal heirs. The legal heir
certificate duly issued by the competent authority has already been placed
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on record.
Hence, the present writ petition is allowed. Impugned order
dated 26.11.2019 is set aside. The respondent-Executing Court is directed
to ensure the distribution of the compensation, as awarded by this Court in
its order dated 03.04.2019 passed in FAO-4058-2006, equally amongst both
the petitioners.
Writ petition is hence allowed.
18.09.2024 (VINOD S. BHARDWAJ)
monika JUDGE
Whether reasoned/speaking: Yes/No
Whether reportable: Yes/No
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