[142] Navtesh Kumar Union of India Coram : Present: PANKAJ JAIN [1] Tribunal whereby 90% of the compensation amount awarded by the Tribunal has been ordered to be kept in fixed deposits in the name of the claimant even though appellant 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 under:- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-4163 Date of Decision : Navtesh Kumar versus Union of India HON’BLE MR. JUSTICE PANKAJ JAIN Mr. Ujval Mittal, Advocate for the appellant. **** PANKAJ JAIN, J. (ORAL) The appellant is aggrieved of the part of the order passed by the Tribunal whereby 90% of the compensation amount awarded by the Tribunal has been ordered to be kept in fixed deposits in the name of the claimant even though appellant is major. 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 others Vs. Union of India bearing FAO No.4331 of 2024 decided on 12.09.2024 wherein this Court observed as "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 4163-2025 (O&M) Date of Decision : 09.07.2025 …Appellant ….Respondent PANKAJ JAIN Advocate for the appellant. aggrieved of the part of the order passed by the Tribunal whereby 90% of the compensation amount awarded by the Tribunal has been ordered to be kept in fixed deposits in the name of the major. 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 others Vs. Union of India bearing FAO .2024 wherein this Court observed as 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 ts 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 Tribunal whereby 90% of the compensation amount awarded by the Tribunal has been ordered to be kept in fixed deposits in the name of the major. 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 others Vs. Union of India bearing FAO .2024 wherein this Court observed as 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 RAJNEESH SHARMA 2025.07.10 17:53 I attest to the accuracy and integrity of this document FAO-4163 4163-2025 (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 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 compensation 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 awarded compensation the share of the minor should be ordered 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 arisi 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 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 amoun 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 t 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 expenses for the betterment of the minors. -2- i.e. those who apprehend threat at the hands of unscrupulous elements and lack fiscal discipline. 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 ensation awarded. Thus, the broad parameters that can be laid down are that the Tribunals should order Fixed Deposits only the claimant is a minor. From awarded compensation the share of the minor should be ordered 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 amoun need not be invested in Fixed Deposits. 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 or till the parents/guardians exhibit pressing need to take care of expenses for the betterment of the minors. i.e. those who apprehend threat at the hands of unscrupulous 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 ensation awarded. Thus, the broad parameters that can be laid down are that the Tribunals should order Fixed Deposits only 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 ng 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 apprehension that they may 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 bearing FAO Nos.4331 & 4333 of 2024, wherein the hat 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 RAJNEESH SHARMA 2025.07.10 17:53 I attest to the accuracy and integrity of this document FAO-4163 [2] Impugned order dated Chandigarh awarded to the [3] 09.07.2025 ‘R. Sharma' 4163-2025 (O&M) The present appeal is thus disposed off Impugned order dated 28.05.2025 passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh, is modified to the extent that the amount awarded to the claimant is ordered to be released. Pending application(s), if any, shall also stand disposed off. 09.07.2025 Whether speaking/ reasoned Whether reportable -3- disposed off in the aforesaid terms. passed by the Railway Claims Tribunal, modified to the extent that the amount claimant is ordered to be released. Pending application(s), if any, shall also stand disposed off. (PANKAJ JAIN) JUDGE : Yes/No : Yes/No in the aforesaid terms. passed by the Railway Claims Tribunal, modified to the extent that the amount RAJNEESH SHARMA 2025.07.10 17:53 I attest to the accuracy and integrity of this document