JHARKHAND HIGH COURT ISSUES ORDER ON KARU RAM AND ANR. V/S UNION OF INDIA

RANCHI, India, Aug. 18 -- Jharkhand High Court issued the following order on July 17:

1. Heard Mr. V.S. Jha, learned counsel appearing for the appellants and Mr. Ravi Prakash, learned CGC appearing for the sole respondent-Railway.

2. This appeal has been preferred against the judgment dated 15.01.2024, passed in Case No. OA(IIU)/RNC/27/2022 [Checklist No. 2901220002], by the learned Railway Claims Tribunal, Ranchi Bench, Ranchi, whereby, the learned tribunal has awarded a sum of Rs. 8,00,000/- in total in favour of the claimants.

3. Mr. V.S. Jha, learned counsel appearing for the appellants submits that in the aforesaid award, the learned tribunal has allowed only 10% of the decretal amount to release and directed that the remaining 90% of the decretal amount of the appellants will be kept in the form of fixed deposit. He submits that the aforesaid award has been passed against the major persons also. He further submits that the appellants are in need of money, as the daughters have attained the marriageable age and for that the money is required. He also submits that earlier this court has allowed the same prayer in M.A. No. 93 of 2024 and also the co-ordinate bench in M.A. No. 645 of 2019. He submits that the award may kindly by modified to the effect to pay the entire amount instead of depositing the same in fixed deposit.

4. Mr. Ravi Prakash, learned CGC appearing for the respondent-Railway submits that the learned tribunal has rightly passed the award and the awarded amount has already been deposited before the learned Tribunal with interest.

5. The prayer has been confined by the learned counsel appearing for the appellants to the effect that all the awarded amount be released in favour of the appellant due to exigency in the family.

6. Considering the facts of the case and the exigency in the family of the appellants, who are under distress due to the death of the deceased in the railway accident, who was the sole bread earner and in view of that the compensation has been allowed, further exigency is there in the family, as such, the entire amount shall be required to be released in favour of the appellants.

7. In view of the above, the judgment/award dated 15.01.2024, passed in Case No. OA(IIU)/RNC/27/2022 [Checklist No. 2901220002], by the learned Railway Claims Tribunal, Ranchi Bench, Ranchi, is modified to the extent that in case the respondent-railway has not paid the entire compensation amount, that amount will be paid to the appellants.

8. It has been pointed out that the respondent-railway has already deposited the entire amount along with interest before the learned tribunal.

9. As such, if the learned tribunal has not paid the entire amount to the appellants, as deposited by the respondent-railway, the same will be paid to the appellants herein in the ratio of 50%-50% on proper verification.

10. With the above observation, this appeal is allowed and disposed of.

Disclaimer: Curated by HT Syndication.