Allowed

Munni Devi and Anr. v. Union of India

Punjab & Haryana HC19 Feb 2010FAO/741/2010

Case brief

AI extract

What is this about?

Appeal was filed against the Railway Claims Tribunal's order directing portion of compensation to remain in fixed deposit. The High Court allowed the appeal, directing release of the fixed deposit with interest based on Supreme Court precedents.

What did the court decide?

Direction to release compensation to Munni Devi forthwith by encashing fixed deposit with 9% interest from date of filing.

Munni Devi and Anr. Vs Union of India — Pension and Retirement Benefits | Punjab & Haryana HC (2010)

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FAO No.741 of 2010.doc

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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FAO No.741 of 2010 (O&M) DATE OF DECISION: 19.02.2010 ****

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Smt. Munni Devi and another

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VS.

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Union of India through General Manager, Northern Railway, Baroda House, New Delhi.

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. . . . Respondent

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CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN

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Present: Mr.Namit Sharma, Advocate for the appellants.

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RAKESH KUMAR JAIN J.

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Vide order dated 23.12.2009, learned Railway Claims Tribunal, Chandigarh Bench, Chandigarh (for short ‘the Tribunal’), allowed a sum of Rs.4 lacs along with 6% interest per annum from the date of filing of the claim petition i.e. 23.8.2005 till the date of the order dated 23.12.2009 and further @ 9% interest per annum from the date of order till the date of realization apportioning the amount of compensation to the tune of Rs.1 lacs to be paid to Munni Devi (appellant No.1) and Rs.3 lacs to Radha Kumari (appellant No.2) and it was ordered that out of the amount of Munni Devi, amount of Rs.25,000/- be paid in cash and rest of the amount be kept in fixed deposit in some Nationalized Bank for a period of 3 years whereas share of Radha Kumari shall be kept in a Nationalized Bank by way of

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FAO No.741 of 2010.doc

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fixed deposit and be paid to her after attaining the age of majority. They were, however, held entitled to withdraw quarterly interest on their fixed deposit receipts.

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In the present appeal, there are only two prayers made by the appellants that the amount of Rs.75,000/-, remaining amount of appellant No.1, which has been ordered to be kept in fixed deposit for 3 years, shall be released in cash and amount of interest may be awarded @ 9% from the date of filing of the claim application till the date of its realization.

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This appeal is being disposed of without notice for the reason that the question of deposit of amount of compensation, awarded to an adult, by way of fixed deposit has already been decided by the Supreme Court in the case of “H.S. Ahammed Hussain Vs.

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Irfan Ahammed” 2002(3) RCR (Civil) 563 and is being regularly followed by this Court and the question of amount of interest has also been decided on the basis of a decision of the Supreme Court in the case of “N. Parmswaran Pillai and another Vs. Union of India and another” 2002 ACJ 841.

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Thus, after hearing learned counsel for the appellants, present appeal is allowed. The Tribunal is directed to release payment of compensation to Munni Devi-appellant No.1 forthwith by encashing the fixed deposit receipt with interest @ 9% from the date of filing of the claim application till the date of the realization.

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(RAKESH KUMAR JAIN) JUDGE

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February 19, 2010 vivek

Munni Devi and Anr. v. Union of India

Case brief

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Munni Devi and Anr. v. Union of India

Case brief

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