Page No.# 1/4 GAHC010101062025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/183/2025 BABUL KISKU AND ANR SON OF LATE DICHAM KISHU, RESIDENT OF PABHAJAN GAON, P.O AND P.S- BARPATHAR, DISTRICT- GOLAGHAT, ASSAM, PIN-785602 2: SMTI SUSHILA KISKU WIFE OF SRI BABUL KISKU RESIDENT OF PABHAJAN GAON P.O AND P.S- BARPATHAR DISTRICT- GOLAGHAT ASSAM PIN-78560 VERSUS UNION OF INDIA AND ANR REPRESENTED BY SECRETARY TO THE GOVERNMENT OF INDIA, RAILWAY DEPARTMENT, NEW DELHI-110011 2:GENERAL MANAGER SOUTH CENTRAL RAILWAY RAIL NILAYAM SAROJINI DEVI ROAD SECUNDERABAD TELENGANA PIN-50000 For the petitioner (s) : Mr. M. Saikia, Advocate For the respondent (s) : Ms. A. Gayan, Dy. SGI Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 23.06.2025 Heard Mr. M. Saikia, the learned counsel appearing on behalf of the petitioner and Ms. A. Gayan, the learned counsel who appears on behalf of the respondents. 2. The instant petition has been filed challenging the order dated 08.04.2025 passed by the learned Member (Judicial), Railway Claims Tribunal, Guwahati Bench whereby the application so filed being Miscellaneous Application No.MA/GHY/012/2025 was dismissed. 3. It is relevant to take note of that the Railway Claims Tribunal, Guwahati Bench in Original Claim Application No.OAIIu- 17/2023 vide the judgment dated 29.02.2024 had awarded an amount of Rs.8,00,000/- with 6% interest from the date of the accident to the date of the order and further directed that if the said amount is not paid within 90 days, the amount shall carry interest at the rate of 9% from the 91st day of receipt of the order till actual depositing. It was also mentioned in the said order that the compensation which is to be paid would be distributed in equal proportion between the petitioners. The Page No.# 3/4 learned Tribunal further observed that out of the said amount, Rs.3,00,000/- each shall be kept in the fixed deposit in a nationalized bank for three years and on completion of three years, the entire amount along with interest will be transferred to their Savings Bank Accounts. 4. It is relevant to take note of that pursuant to the said directions, the amounts were duly deposited and the applicants herein have received an amount of Rs.2,83,000/-. However, on account of the urgent necessity, the applicants filed an application before the learned Tribunal which was registered and numbered as Miscellaneous Application No.MA/GHY/012/2025 for release of the remaining amount which has been kept in the fixed deposit. The said application was rejected, and it is under such circumstances, the present application has been filed. 5. This Court has duly taken note of the additional affidavit which has been filed in pursuant to the order passed by this Court and from the said additional affidavit, it appears that the applicants who are presently 65 and 60 years respectively are in urgent need of the said amount. 6. Under such circumstances, it is therefore the opinion of this Court that the learned Tribunal ought to have taken into consideration the said application and allowed it. Page No.# 4/4 7. Accordingly, this Court allows the relief sought for in Miscellaneous Application No.MA/GHY/012/2025 and further directs the learned Tribunal to pass appropriate order upon a certified copy of this order being produced before the learned Tribunal. 8. With the above, the instant petition stands disposed of. JUDGE Comparing Assistant