FAO-6568-2023 (O&M) [127] Rahul Sabharwal Union of India Coram : Present: PANKAJ JAIN [1] imposed by the Railway Claims Tribunal, on the disbursal of the compensation amount. [2] covered by the detailed order passed by this Court in FAO Relevant extract of the same is reproduced as unde (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-6568 Date of Decision : Rahul Sabharwal versus Union of India HON’BLE MR. JUSTICE PANKAJ JAIN Mr. Vaibhav Goel, Advocate for the appellant. **** PANKAJ JAIN, J. (ORAL) The claimant is before this Court, aggrieved of the conditions imposed by the Railway Claims Tribunal, on the disbursal of the compensation amount. Counsels do not dispute that the issue would be squarely covered by the detailed order passed by this Court in FAO Relevant extract of the same is reproduced as unde “9. Thus, in view of aforesaid decisions, it is evident that the guidelines issued by Apex Court in the case of General Manager, Kerala State Road Transport Corporation’s ibid, were issued to protect the rights of the claimants, who are : a) the minors; b) under some disability; and c) widows and illiterate persons IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 6568-2023 (O&M) Date of Decision : 28.04.2025 …Appellant ….Respondent PANKAJ JAIN Advocate The claimant is before this Court, aggrieved of the conditions imposed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh on the disbursal of the compensation amount. Counsels do not dispute that the issue would be squarely covered by the detailed order passed by this Court in FAO-4331-2024. Relevant extract of the same is reproduced as under:- Thus, in view of aforesaid decisions, it is evident that the guidelines issued by Apex Court in the case of General Manager, State Road Transport Corporation’s ibid, were issued to the claimants, who are : b) under some disability; and c) widows and illiterate persons 1 The claimant is before this Court, aggrieved of the conditions Chandigarh Bench, Chandigarh Counsels do not dispute that the issue would be squarely 2024. Thus, in view of aforesaid decisions, it is evident that the guidelines issued by Apex Court in the case of General Manager, State Road Transport Corporation’s ibid, were issued to RAJNEESH SHARMA 2025.05.05 18:30 I attest to the accuracy and integrity of this document FAO-6568-2023 (O&M) FAO-6568 [3] compensation amount of Rs.8,00,000/ (O&M) 6568-2023 (O&M) i.e. those who apprehend threat at the hands of unscrupulous elements and lack fiscal discipline. 10. The guidelines are not to be interpreted like need to be followed in a more pragmatic manner. The Tribunals are right in ordering investment of compensation in Fixed Deposits in the case where a claimant the compensation awarded. Thus, the broad be laid down are that the Tribunals should order Fixed only in those cases where: (a) the claimant is a minor. From awarded compensation the share of the minor should be ordered to be invested in Fixed Deposits till he/she attains the age majority or till the parents/guardians show pressing need to spend the amount for the benefit of minor; (b) where the claimant is a physically disabled person owing to some disability arising out of birth, injury or extremely old age and the Tribunal i claimant will not be able to protect his/her money from unscrupulous elements; and (c) where future treatment of the claimant needs to be taken care of by spending amount of compensation. Claimant is a 42 year old injured, w compensation amount of Rs.8,00,000/-. However, 90% of the awarded -2- i.e. those who apprehend threat at the hands of elements and lack fiscal discipline. The guidelines are not to be interpreted like statute but be followed in a more pragmatic manner. The Tribunals investment of compensation in Fixed Deposits in the case where a claimant is prone to being robbed off the compensation awarded. Thus, the broad parameters that can be laid down are that the Tribunals should order Fixed Deposits the claimant is a minor. From awarded compensation the share of the minor should be ordered to be invested in Fixed Deposits till he/she attains the age of majority or till the parents/guardians show pressing need to spend the amount for the benefit of minor; where the claimant is a physically disabled person owing to some disability arising out of birth, injury or extremely old age and the Tribunal is satisfied that the claimant will not be able to protect his/her money from unscrupulous elements; and where future treatment of the claimant needs to be taken care of by spending amount of compensation. laimant is a 42 year old injured, who has been awarded . However, 90% of the awarded 2 i.e. those who apprehend threat at the hands of statute but be followed in a more pragmatic manner. The Tribunals investment of compensation in Fixed is prone to being robbed off can Deposits the claimant is a minor. From awarded compensation the share of the minor should be ordered to of majority or till the parents/guardians show pressing need where the claimant is a physically disabled person owing to some disability arising out of birth, injury or s satisfied that the claimant will not be able to protect his/her money from where future treatment of the claimant needs to be ho has been awarded . However, 90% of the awarded RAJNEESH SHARMA 2025.05.05 18:30 I attest to the accuracy and integrity of this document FAO-6568-2023 (O&M) amount has been ordered to be kept in fixed deposit. There is no evidence on record to show there is an apprehension that claimant may fall prey to unscrupulous element Claims Tribunal is ordered to be deposit along with interest amount accrued thereon is ordered to be released to the appellant. [4] [5] disposed off 28.04.2025 ‘R. Sharma' (O&M) amount has been ordered to be kept in fixed deposit. There is no evidence on record to show there is an apprehension that claimant may fall prey to unscrupulous elements. Resultantly, impugned award passed by Claims Tribunal is ordered to be modified deposit along with interest amount accrued thereon is ordered to be released to the appellant. Appeal is accordingly allowed All pending miscellaneous application(s), if any, stands disposed off. 28.04.2025 Whether speaking/ reasoned Whether reportable amount has been ordered to be kept in fixed deposit. There is no evidence on record to show there is an apprehension that claimant may fall prey to s. Resultantly, impugned award passed by Railway modified. The amount deposited in fixed deposit along with interest amount accrued thereon is ordered to be allowed. All pending miscellaneous application(s), if any, stands (PANKAJ JAIN) JUDGE : Yes/No : Yes/No 3 amount has been ordered to be kept in fixed deposit. There is no evidence on record to show there is an apprehension that claimant may fall prey to Railway . The amount deposited in fixed deposit along with interest amount accrued thereon is ordered to be All pending miscellaneous application(s), if any, stands RAJNEESH SHARMA 2025.05.05 18:30 I attest to the accuracy and integrity of this document