[144] Ashamdeep Singh Union of India Coram : Present: PANKAJ JAIN [1] Tribunal whereby the has been ordered to be kept The issue with the compensation amount to be kept in fixed deposits has been elaborately dealt with by this Court in the case of Kamaljit Kaur and o India bearing FAO No.4331 of 2024 decided on 12.09.2024 wherein this Court observed as under: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-4456 Date of Decision : Ashamdeep Singh versus Union of India HON’BLE MR. JUSTICE PANKAJ JAIN Mr. Ujval Mittal, Advocate for the appellant. Mr. Angad Parmar, Advocate for the respondent-UOI. *** PANKAJ JAIN, J. (ORAL) The appellant is aggrieved of the part of the order passed by the Tribunal whereby the entire compensation amount awarded by the Tribunal has been ordered to be kept in fixed deposits in the name of the claimant. The issue with respect to directions being issued by the Tribunal directing the compensation amount to be kept in fixed deposits has been elaborately dealt with by this Court in the case of Kamaljit Kaur and o India bearing FAO No.4331 of 2024 decided on 12.09.2024 wherein this Court observed as under:- "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 CHANDIGARH 4456-2024 (O&M) Date of Decision : 10.02.2025 …Appellant ….Respondent PANKAJ JAIN Advocate aggrieved of the part of the order passed by the compensation amount awarded by the Tribunal in fixed deposits in the name of the claimant. respect to directions being issued by the Tribunal directing the compensation amount to be kept in fixed deposits has been elaborately dealt with by this Court in the case of Kamaljit Kaur and others Vs. Union of India bearing FAO No.4331 of 2024 decided on 12.09.2024 wherein this Thus, in view of aforesaid decisions, it is evident that the guidelines issued by Apex Court in the case of General Manager, ate Road Transport Corporation's ibid, were issued to protect the rights of the claimants, who are:- b) under some disability; and c) widows and illiterate persons aggrieved of the part of the order passed by the compensation amount awarded by the Tribunal in fixed deposits in the name of the claimant. respect to directions being issued by the Tribunal directing the compensation amount to be kept in fixed deposits has been elaborately thers Vs. Union of India bearing FAO No.4331 of 2024 decided on 12.09.2024 wherein this Thus, in view of aforesaid decisions, it is evident that the guidelines issued by Apex Court in the case of General Manager, ate Road Transport Corporation's ibid, were issued to RAJNEESH SHARMA 2025.02.20 13:49 I attest to the accuracy and integrity of this document FAO-4456 4456-2024 (O&M) i.e. those who apprehend threat at the ments and lack fiscal discipline. 10. The guidelines are not to be interpreted like statute but need to be followed in a more pragmatic manner. The Tribunals are right in ordering investment of compensation in Fixed Deposits in th case where a claimant is prone to being robbed off the co pensation awarded. Thus, the broad parameters that can be laid down are that the Tribunals should order Fixed Deposits only in those cases where:- (a) the claimant is a minor. From awarde 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; (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 is satisfied that the 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. The list is merely illustrative and not exhaustive. In cases where claimants are major and there is no apprehension that they may elements or touts/unethical arrangements etc., the amount need not be invested in Fixed Deposits. 11. In view of aforesaid parameters laid down by this Court, the appeals are allowed. However, in appeals bearing FAO Nos.4331 & 4333 of 2024, wherein the claimant(s) are minors and in view of the fact that their interest needs to be taken care of, the compensation amount of the minors is ordered to be kept in fixed deposits till he/she attains the age of majority o parents/guardians exhibit pressing need to take care of the expenses for the betterment of the minors. -2- i.e. those who apprehend threat at the hands of unscrupulous el ments and lack fiscal discipline. The guidelines are not to be interpreted like statute but need to be followed in a more pragmatic manner. The Tribunals are right in ordering investment of compensation in Fixed Deposits in th case where a claimant is prone to being robbed off the co pensation awarded. Thus, the broad parameters that can be laid down are that the Tribunals should order Fixed Deposits only in the claimant is a minor. From awarde 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. The list is merely illustrative and not exhaustive. In cases where claimants are major and there is no apprehension that they may fall prey to unscrupulous elements or touts/unethical arrangements etc., the amount need not be invested in Fixed Deposits. In view of aforesaid parameters laid down by this Court, the appeals are allowed. However, in appeals s.4331 & 4333 of 2024, wherein the claimant(s) are minors and in view of the fact that their interest needs to be taken care of, the compensation amount of the minors is ordered to be kept in fixed deposits till he/she attains the age of majority or till the parents/guardians exhibit pressing need to take care of the expenses for the betterment of the minors. hands of unscrupulous ele- The guidelines are not to be interpreted like statute but 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 is prone to being robbed off the com- pensation awarded. Thus, the broad parameters that can be laid down are that the Tribunals should order Fixed Deposits only in 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 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 where future treatment of the claimant needs to be The list is merely illustrative and not exhaustive. In cases where claimants are major and there is no fall prey to unscrupulous elements or touts/unethical arrangements etc., the amount In view of aforesaid parameters laid down by this Court, the appeals are allowed. However, in appeals s.4331 & 4333 of 2024, wherein the claimant(s) are minors and in view of the fact that their interest needs to be taken care of, the compensation amount of the minors is ordered to be kept in fixed deposits till r till the parents/guardians exhibit pressing need to take care of the RAJNEESH SHARMA 2025.02.20 13:49 I attest to the accuracy and integrity of this document FAO-4456 [2] Impugned order dated Chandigarh is modified to the extent that the amount awarded to the claimant is ordered to be released. [3] [4] necessary guidance. 10.02.2025 ‘R. Sharma' 4456-2024 (O&M) The present appeal is thus disposed off Impugned order dated 28.03.2024 passed by the Railway Claims Tribunal, Chandigarh is modified to the extent that the amount awarded to the is ordered to be released. Pending application(s), if any, shall also s Copy of this order be served upon RCT Bench Chandigarh for necessary guidance. 10.02.2025 Whether speaking/ reasoned Whether reportable -3- disposed off in the aforesaid terms. passed by the Railway Claims Tribunal, Chandigarh is modified to the extent that the amount awarded to the Pending application(s), if any, shall also stand disposed off. Copy of this order be served upon RCT Bench Chandigarh for (PANKAJ JAIN) JUDGE : Yes/No : Yes/No in the aforesaid terms. passed by the Railway Claims Tribunal, Chandigarh is modified to the extent that the amount awarded to the Copy of this order be served upon RCT Bench Chandigarh for RAJNEESH SHARMA 2025.02.20 13:49 I attest to the accuracy and integrity of this document