Navtesh Kumar Vs Union of India — Punjab & Haryana HC (2025) — LawSathi Research

Navtesh Kumar Vs Union of India — Punjab & Haryana HC (2025) — LawSathi Research

[142] IN THE HIGH COURT OF P UNJAB AND HARYANA AT CHANDIG A RH

FAO-41 6 3-2025 (O&M) Date of D ecision : 09.07.2025

Navtesh K umar …Appellant

versus

Union of India ….Respondent

Coram : HON’BLE MR. JUSTICE PANKAJ JAIN

Present: Mr. Ujval Mittal, Advocate fo r the appellant.

PANKAJ JAIN, J. (ORAL)

[1] The appellant is aggrieved o f the part of the order passed by the Tribunal whereby 90% of the comp e nsation amount awarded by the Tribunal has been ordered to be kept in fixed deposits in the name of the claimant even though appellant is m ajor. The issue with respect to direction s being issued by the Tribunal d irecting the compensation am o unt to be kep t in fixed deposits has been ela b orately dealt with by this Cou r t in the case of Kamaljit Kaur and others V s. Union of India bearing F A O No.4331 of 2024 decided on 12.09.2024 wherein this Court observe d as under:-

"9. Thus, in view of a foresaid decisions, it is evident tha t the guidelines issued by Ape x Court in the case of General Mana g er, Kerala State Road Trans p ort Corporation's ibid, were issue d to protect the rights of the cl a imants, who are:a) the minors; b) under some disability; and c) widows and illit e rate persons

RAJNEESH SHARMA 2025.07.10 17:53 I attest to the accuracy and integrity of this document

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i.e. those who apprehen d threat at the hands of unscrupu l ous elements and lack fiscal d i scipline.

10. The guidelines are not to be interpreted like statute but n eed to be followed in a mor e pragmatic manner. The Tribunals are right in ordering investm e nt of compensation in Fixed Deposi t s in the case where a claimant is prone to being robbed off the compensation awarded. T hus, the broad parameters that ca n be laid down are that the Tribunals should order Fixed Deposits o nly in those cases where:-

(a) the clai m ant is a minor. From awa r ded compensation the s hare of the minor should be ordere d to be invested in Fix e d Deposits till he/she attains the a g e of majority or till the p arents/guardians show pressing ne e d to spend the amount fo r the benefit of minor; (b) where the c laimant is a physically disabled pe r son owing to some d i sability arising out of birth, injur y or extremely old ag e and the Tribunal is satisfied that the claimant will not b e able to protect his/her money f rom unscrupulous elem e nts; and (c) where futu r e treatment of the claimant needs t o be taken care of by sp e nding amount of compensation.

The list is m erely illustrative and not exhaustiv e . In cases where cla i mants are major and there is no apprehension tha t they may fall prey to unscrupu l ous elements or touts/ u nethical arrangements etc., the am o unt need not be invest e d in Fixed Deposits.

11. In view of aforesaid parameters laid down by this Court, the appeals are allowed. However, in appeals bearing FAO No s .4331 & 4333 of 2024, wherein the claimant(s) are m i nors and in view of the fact that t heir interest needs to b e taken care of, the compensation am o unt of the minors is o rdered to be kept in fixed deposit s till he/she attains t he age of majority or till the parents/guardians exhibit pressing need to take care o f the expenses for the b e tterment of the minors.

RAJNEESH SHARMA 2025.07.10 17:53 I attest to the accuracy and integrity of this document

FAO-4163-2025 (O&M) -3-

[2] The present appeal is thus disposed off in the aforesaid ter m s. Impugne d order dated 28.05.2025 passe d by the Railway Claims Tribu n al, Chandig a rh Bench, Chandigarh, is mod i fied to the extent that the am o unt awarded t o the claimant is ordered to be r e leased.

[3] Pending application(s), if an y , shall also stand disposed off.

(PANKAJ JAIN) JUDGE 09.07.20 2 5 ‘R. Sharma' Whether speaking/ reasoned : Yes/No Whether reportable : Yes/No

RAJNEESH SHARMA 2025.07.10 17:53 I attest to the accuracy and integrity of this document