Extracted from the PDF above. The PDF is authoritative.
[143]
Ram Saran Verma and others
Union of India
Coram :
Present:
PANKAJ JAIN
[1]
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 claimants even though appellant No.1 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 No.4331 of under:-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
FAO-4166 Date of Decision :
Ram Saran Verma and others
versus Union of India
HON’BLE MR. JUSTICE PANKAJ JAIN
Mr. Ujval Mittal, Advocate for the appellants. Mr. Vinod Kumar Handa, for the respondent
****
PANKAJ JAIN, J. (ORAL)
The appellants are 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 claimants even though appellant No.1 is 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 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 issu 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 4166-2025 Date of Decision : 09.07.2025
…Appellants
….Respondent PANKAJ JAIN Advocate for the appellants. Mr. Vinod Kumar Handa, for the respondent-UOI. The appellants are 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 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 Kamaljit Kaur and others Vs.
Union of India bearing FAO 2024 decided on 12.09.2024 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 protect the rights of the claimants, who are:- b) under some disability; and c) widows and illiterate persons
The appellants are 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 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 bearing FAO 2024 decided on 12.09.2024 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, ed to RAJNEESH SHARMA 2025.07.18 10:06 I attest to the accuracy and integrity of this document
FAO-4166
4166-2025
i.e. those who apprehend threat at the hands of unscrupulous elements and lack
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 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 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 b (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 fall prey to unscrupulous 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 a 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 elements 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 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 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 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 upulous 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 on 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 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 the expenses for the betterment of the minors. i.e. those who apprehend threat at the hands of 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 being robbed off the compensation 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 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 on 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 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 ge of majority or till the parents/guardians exhibit pressing need to take care of the RAJNEESH SHARMA 2025.07.18 10:06 I attest to the accuracy and integrity of this document
FAO-4166
[2]
Impugned order dated Chandigarh awarded to the claimants Nos.2 & minors/appellants namely invested in the Fixed Deposits till they attain age of majority. [3]
09.07.2025 ‘R. Sharma'
4166-2025
The present appeal is thus disposed off in the aforesaid terms. Impugned order dated 05.06.2025 passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh, is modified to the extent that the amount awarded to the claimants apart from that awarded to the minors i.e. & 3 is ordered to be released. Amount awarded in favour of the minors/appellants namely Nikhil Verma invested in the Fixed Deposits till they attain age of majority. Pending application(s), if any, shall also stand disposed off. 09.07.2025 Whether speaking/ reasoned Whether reportable
-3- The present appeal is thus disposed off in the aforesaid terms.
passed by the Railway Claims Tribunal, is modified to the extent that the amount apart from that awarded to the minors i.e. appellant is ordered to be released. Amount awarded in favour of the Nikhil Verma and Mohi Verma shall remain invested in the Fixed Deposits till they attain age of majority. Pending application(s), if any, shall also stand disposed off. (PANKAJ JAIN)
JUDGE
: Yes/No : Yes/No
The present appeal is thus disposed off in the aforesaid terms. passed by the Railway Claims Tribunal, is modified to the extent that the amount appellant is ordered to be released. Amount awarded in favour of the remain RAJNEESH SHARMA 2025.07.18 10:06 I attest to the accuracy and integrity of this document