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FAO NO.4927 of 2024
IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA 258
ANITA AND OTHERS ANITA AND OTHERS ANITA AND OTHERS ANITA AND OTHERS
Vs Vs Vs Vs UNION OF INDIA UNION OF INDIA UNION OF INDIA UNION OF INDIA
CORAM:
CORAM:
CORAM:
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ
Present: Mr. Ujval Mittal, Advocate
for the appellants. HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) CM No.18571 CM No.18571 CM No.18571 CM No.18571----CII of 2024 CII of 2024 CII of 2024 CII of 2024
Prayer made in the application is for impleading the applicant(s) as legal representative(s) of deceased/appellant No.
09.10.2023. For the reasons mentioned in the application, the same is allowed, subject to all just exceptions and the applicant(s) as mentioned in paragraph No. of the application is ordered to be impleaded as legal representative(s) of deceased/appellant No.
CM No.1857 CM No.1857 CM No.1857 CM No.18572222----CII of 2024 CII of 2024 CII of 2024 CII of 2024
Prayer in this application is for condonation of delay of filing the present appeal. Notice of the application. On asking of the Court, accepts notice on behalf of respondent application. In view of above and for the which makes out sufficient cause, the same is allowed. Accordingly, delay of days in filing the present appeal is condoned. 2024 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH
FAO FAO FAO FAO No. No. No. No.4927 4927 4927 4927
Date of Decision Date of Decision Date of Decision Date of Decision ANITA AND OTHERS ANITA AND OTHERS ANITA AND OTHERS ANITA AND OTHERS
UNION OF INDIA UNION OF INDIA UNION OF INDIA UNION OF INDIA
HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ Mr. Ujval Mittal, Advocate for the appellants.
**** HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) HARKESH MANUJA, J. (Oral) CII of 2024 CII of 2024 CII of 2024 CII of 2024 Prayer made in the application is for impleading the applicant(s) as legal representative(s) of deceased/appellant No. For the reasons mentioned in the application, the same is allowed, subject to all just exceptions and the applicant(s) as mentioned in paragraph No. of the application is ordered to be impleaded as legal representative(s) of deceased/appellant No.3, in order to pursue the present case. CII of 2024 CII of 2024 CII of 2024 CII of 2024 Prayer in this application is for condonation of delay of filing the present appeal. Notice of the application. On asking of the Court, Mr. Ish Karan Singh Chhabra, Advocate notice on behalf of respondent and does not oppose the prayer made in the In view of above and for the reasons mentioned in the application, which makes out sufficient cause, the same is allowed. Accordingly, delay of days in filing the present appeal is condoned. IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH AT CHANDIGARH 4927 4927 4927 4927 of of of of 20 20 20 2024 24 24 24 (O&M) (O&M) (O&M) (O&M) Date of Decision Date of Decision Date of Decision Date of Decision: : : : 10 10 10 10.0.0.0.07777.202 .202 .202 .2026666 ...... ...... ...... ......Appellant Appellant Appellant Appellantssss ....Respondent ....Respondent ....Respondent ....Respondent HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJ HON'BLE MR. JUSTICE HARKESH MANUJAAAA Prayer made in the application is for impleading the applicant(s) as legal representative(s) of deceased/appellant No.3 namely Smt. Piyari, who died on For the reasons mentioned in the application, the same is allowed, subject to all just exceptions and the applicant(s) as mentioned in paragraph No. of the application is ordered to be impleaded as legal representative(s) of in order to pursue the present case. Prayer in this application is for condonation of delay of 64 days in Mr.
Ish Karan Singh Chhabra, Advocate and does not oppose the prayer made in the reasons mentioned in the application, which makes out sufficient cause, the same is allowed. Accordingly, delay of 1
Prayer made in the application is for impleading the applicant(s) as , who died on For the reasons mentioned in the application, the same is allowed, subject to all just exceptions and the applicant(s) as mentioned in paragraph No.3 of the application is ordered to be impleaded as legal representative(s) of days in Mr. Ish Karan Singh Chhabra, Advocate and does not oppose the prayer made in the reasons mentioned in the application, which makes out sufficient cause, the same is allowed. Accordingly, delay of 64 MOHMED ATIK 2026.07.15 09:05 I attest to the accuracy and authenticity of this
order/judgment
FAO NO.4927 of 2024
FAO No.4927 of 2024 FAO No.4927 of 2024 FAO No.4927 of 2024 FAO No.4927 of 2024
1.1.1.1.
The shor Award dated 17.05.2024 passed by the learned Railway Claims Tribunal, Chandigarh Bench, Chandigarh (for short ‘the Tribunal), is with respect to the directions issued about deposit of compensation amount in the form of FDR
2.
Notice of mo
3.
Learned counsel representing the respondents accepts notice.
4.
I have heard learned counsel for the parties and gone through the paper book.
5.
In the given facts and circumstances, the claimants has expired, ther compensation awarded in favour of the major claimants namely Smt. Anita widow of the deceased, Sh. Jiyalal, father and Smt. Piyari mother of the deceased. The amount awarded by the learned Tribunal shall be u to support their survival, as such the directions issued by the learned Tribunal with respect to the deposit of entire amount of compensation awarded in favour of Smt. Anita, Sh. Jiyalal and Smt. Piyari is ordered to be claimants. However, Smt. Piyari i.e. mother of the deceased passenger h her share of Rs.1 lakh equal shares without insisting
6.
It may also be noticed here that the amount which fell due in favour of two minors namely Khushi and Payal from deceased Smt. Piyari be also added to the amount already assessed in their favour @ Rs.1 lakh each and be kept in the FDR attaining highest in 2024 (O&M)
FAO No.4927 of 2024 FAO No.4927 of 2024 FAO No.4927 of 2024 FAO No.4927 of 2024 (O&M) (O&M) (O&M) (O&M) The short grouse raised on behalf of the appellants while Award dated 17.05.2024 passed by the learned Railway Claims Tribunal, Chandigarh Bench, Chandigarh (for short ‘the Tribunal), is with respect to the directions issued about deposit of compensation amount in the form of FDR Notice of motion.
Learned counsel representing the respondents accepts notice. I have heard learned counsel for the parties and gone through the In the given facts and circumstances, the claimants has expired, there is no justification to withh compensation awarded in favour of the major claimants namely Smt. Anita widow of the deceased, Sh. Jiyalal, father and Smt. Piyari mother of the deceased. The amount awarded by the learned Tribunal shall be u to support their survival, as such the directions issued by the learned Tribunal with deposit of entire amount of compensation awarded in favour of Smt. Anita, Sh. Jiyalal and Smt. Piyari is ordered to be claimants. However, Smt. Piyari i.e. mother of the deceased passenger h her share of Rs.1 lakh towards compensation be disbursed to her legal heirs in equal shares without insisting upon any succession certificate in this It may also be noticed here that the amount which fell due in favour of two minors namely Khushi and Payal from deceased Smt. Piyari be also added to the amount already assessed in their favour @ Rs.1 lakh each and be kept in the highest interest; till they attain majority.
t grouse raised on behalf of the appellants while assailing the Award dated 17.05.2024 passed by the learned Railway Claims Tribunal, Chandigarh Bench, Chandigarh (for short ‘the Tribunal), is with respect to the directions issued about deposit of compensation amount in the form of FDRs.
Learned counsel representing the respondents accepts notice. I have heard learned counsel for the parties and gone through the In the given facts and circumstances, when the sole bread earner of e is no justification to withhold the amount of compensation awarded in favour of the major claimants namely Smt. Anita widow of the deceased, Sh. Jiyalal, father and Smt. Piyari mother of the deceased. The amount awarded by the learned Tribunal shall be useful for the claimants in order to support their survival, as such the directions issued by the learned Tribunal with deposit of entire amount of compensation awarded in favour of Smt. Anita, Sh. Jiyalal and Smt. Piyari is ordered to be released to the respective claimants. However, Smt. Piyari i.e. mother of the deceased passenger has died, towards compensation be disbursed to her legal heirs in any succession certificate in this regard. It may also be noticed here that the amount which fell due in favour of two minors namely Khushi and Payal from deceased Smt. Piyari be also added to the amount already assessed in their favour @ Rs.1 lakh each and be kept in the till they attain majority. The FDR renewed from 2
assailing the Award dated 17.05.2024 passed by the learned Railway Claims Tribunal, Chandigarh Bench, Chandigarh (for short ‘the Tribunal), is with respect to the
I have heard learned counsel for the parties and gone through the bread earner of ld the amount of compensation awarded in favour of the major claimants namely Smt. Anita widow of the deceased, Sh. Jiyalal, father and Smt. Piyari mother of the deceased. The seful for the claimants in order to support their survival, as such the directions issued by the learned Tribunal with deposit of entire amount of compensation awarded in favour of Smt. released to the respective as died, towards compensation be disbursed to her legal heirs in It may also be noticed here that the amount which fell due in favour of two minors namely Khushi and Payal from deceased Smt. Piyari be also added to the amount already assessed in their favour @ Rs.1 lakh each and be kept in the from MOHMED ATIK 2026.07.15 09:05 I attest to the accuracy and authenticity of this
order/judgment
FAO NO.4927 of 2024
time to time by the concerned authority. The minors shall, however, be entitled to claim release of periodic interest for their benefit.
7.
In view of above, the present appeal is disposed application(s), if any shall also stand disposed of.
July July July July 10 10 10 10, 202 , 202 , 202 , 2026666 Atik Whether speaking/reasoned Whether reportable 2024 (O&M)
time to time by the concerned authority. The minors shall, however, be entitled to claim release of periodic interest for their benefit. In view of above, the present appeal is disposed application(s), if any shall also stand disposed of.
Whether speaking/reasoned Yes/No Whether reportable
Yes/No
time to time by the concerned authority. The minors shall, however, be entitled to claim release of periodic interest for their benefit. In view of above, the present appeal is disposed of. Pending application(s), if any shall also stand disposed of.
(HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA) (HARKESH MANUJA)
JUDGE JUDGE JUDGE JUDGE Yes/No Yes/No 3
time to time by the concerned authority. The minors shall, however, be entitled to of. Pending MOHMED ATIK 2026.07.15 09:05 I attest to the accuracy and authenticity of this
order/judgment