Page No.# 1/4 GAHC010227752024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MFA/58/2024 MAINAO BASUMATARY AND 4 ORS W/O LATE UJUL BASUMATARY VERSUS THE UNION OF INDIA REP. BY THE GENERAL MANAGER, EAST COAST RAILWAY, BHUBANESWAR. 2:CHABIRAM BASUMATARY S/O. LATE BANGBA BASUMATARY 3:RATASHI BASUMATARY W/O. LATE CHABIRAM BASUMATARY 4:BOKTIMA BASUMATARY D/O. LATE UJUL BASUMATARY 5:SANGIRI BASUMATARY S/O. LATE UJUL BASUMATARY ALL ARE R/O. VILL- 12 NO. KASHIGURI P/O. PATGAON PACHIM PATGAON P/S. SERFANGURI PIN.- 783346 DIST. KOKRAJHAR BTAD ASSAM Advocate for the Petitioner : MR. S SUTRADHAR, J.P. BARUAH,MR A N IQBAL,MS N RAFIQUE Page No.# 2/4 Advocate for the Respondent : MR. G PEGU, BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 06.03.2025 1. Heard Mr. J.P.Baruah, learned counsel for the appellants and Mr. S.S. Roy, learned CGC appearing for the respondent. 2. This appeal is preferred by the claimants 1. Mainao Basumatary, 2. Chabiram Basumatary, 3. Ratashi Basumatary, 4. Boktima Basumatary and 5. Sangiri Basumatary. 3. The Railway Claims Tribunal, Guwahati Bench in connection with OAIIu- 86/2023 vide order dated 31.07.2024 has awarded an amount of Rs.8,00,000/- (Eight Lakhs) to the claimants who are the appellants in this case. However, the Tribunal has directed to deposit an amount of Rs. 2,00,000/- (Rupees Two Lakhs) along with interests in a Nationalised Bank and only Rs.1,00,000/- ( One Lakh) is released in favour of the wife of the deceased i.e.appellant Mainao Basumatary. 4. The Tribunal has further directed that the compensation amount of Rs. 25,000/- each (Twenty Five Thousand) only to be paid to the father and mother of the deceased namely Sri Chabiram Basumatary and Smti Ratashi Basumatary and has directed that an amount of Rs.25,000/- each to be deposited along with interest as Fixed Deposit in a Nationalised Bank for one year. 5. The appellants have prayed that they are aggrieved with the apportionment of the compensation amount and has prayed to modify the order passed by the Tribunal and release the entire amount as compensation to the claimant Nos. 1, 2 and 3. Page No.# 3/4 6. I have considered the submissions at the Bar with circumspection. 7. The appellants had to incur expenses at the time of death of the deceased. The appellants are at present suffering from financial hardship. 8. In view of the above facts and circumstances, the order dated 31.07.2024 so far as the apportionment of the compensation amount is concerned, is modified to the extent that the amount directed to be paid as compensation by the Railway Claims Tribunal to the minor children of the deceased is allowed to be kept as Fixed Deposit, whereas the remaining amount of Rs. 4,00,000/- (Rupees Four Lacs) directed to be paid as compensation along with interests is to be paid in favour of the appellant Nos. 1, 2 and 3. 9. The Tribunal’s order directing that the compensation amount of Rs.2,00,000/- ( Rupees two lacs) each to be paid to the minor children Miss Boktima Basumatary and Sri Sangiri Basumatary is upheld. Out of the total amount of Rs.8,00,000/- (Rupees Eight Lacs) Rs.4,00,000/- (Rupees Four Lacs) is to be deposited in favour of the minor children at the rate of Rs.2,00,000/- (Rupees Two Lacs) each as fixed deposits till they attain majority. 10. The Appellants No.1, 2 and 3 are allowed to withdraw the entire remaining amount of Rs.4,00,000/- (Rupees Four Lacs) to be deposited by the Respondent, vide order of the Tribunal dated 31.07.2024. 11. In terms of the above observations and directions, the appeal is disposed of. 12. Send back the original records of the Tribunal. JUDGE Page No.# 4/4 Comparing Assistant