Page No.# 1/3 GAHC010227672024 2025:GAU-AS:4725 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MFA/57/2024 BENJU BASUMATARY AND ANR W/O. MANINDRAL BASUMATARY 2: MANINDRAL BASUMATARY S/O. LATE RABIRAM BASUMATARY BOTH ARE RESIDENT OF VILL. NO.1 SULJHORA P/O.PATGAON PACHIM PATGAON P/S. SERFANGURI PIN-783346 DIST. KOKRAJHAR BTAD ASSAM VERSUS THE UNION OF INDIA REP. BY THE GENERAL MANAGER, EAST COAST RAILWAY, BHUBANESWAR. Advocate for the Petitioner : MS N RAFIQUE, MR A N IQBAL,J.P. BARUAH,MR. S SUTRADHAR Advocate for the Respondent : DY.S.G.I., MR. G PEGU BEFORE HON’BLE MR. JUSTICE BUDI HABUNG O R D E R Page No.# 2/3 21.04.2025 Heard Mr. J.P. Baruah, learned counsel appearing for the appellant. Also heard Mr. G. Pegu, learned CGC appearing for the respondent. This is an appeal filed under Section 23 of the Railway Claims Tribunal Act, 1987, against the Judgment and Order dated 29.07.2024 passed by the learned Railway Claims Tribunal, Guwahati Bench in OAIIu-85/2023. By judgment and order dated 29.07.2024, the learned Tribunal awarded a compensation of Rs. 8,00,000/- to the deceased mother and father along with simple interest at the rate of 6% per annum from the date of registration of original claim application up to the date of the said order, failing which, the applicant shall be entitled to receive interest at the rate of 9% per annum from the 91st day of the receipt of the order till the actual date of payment of decree amount. Thereafter, the Tribunal has directed that out of this total Rs. 8,00,000/-, Rs.4,00,000/- each to be paid to the mother and father of the deceased and out of that Rs. 4,00,000/-, Rs.3,00,000/- each to be kept in a fixed deposit in favour of mother and father of the deceased respectively, and directed to release only Rs.1,00,000/- each to the mother and father of the deceased/appellant. The learned counsel for the appellant submits that the deduction of the amount from the total awarded amounts amount to denial of the payment of compensation. Therefore, he prays for release of the entire amount of Rs. 8,00,000/- to the mother and father of the deceased appellant. The learned counsel for the petitioner submits that in the similar matter, this Page No.# 3/3 Hon’ble Court by an order dated 10.05.2024, passed in MFA 64/2023 directed the release of the entire amount to the appellant and therefore, he prays for similar direction. The learned CGC for the respondents has no objection to the release of the entire amount to the appellant. In view of above and as agreed upon by the parties, the impugned order dated 29.07.2024 passed by the learned Tribunal in OAIIu-85/2023 is hereby modified. Accordingly, the learned Tribunal is directed to pay the entire amount of Rs.8,00,000/- along with 9% interest thereon to the appellant within a period of 90 days from today. With the aforesaid direction, the order dated 29.07.2024 passed in OAIIU- 85/2023 stands modified to the extent as indicated above. The appeal stands allowed and disposed of. JUDGE Comparing Assistant