Neutral Citation No. - 2025:AHC:125072 Court No. - 9 Case :- WRIT - C No. - 24671 of 2025 Petitioner :- Shri Devraj And Another Respondent :- Union Of India Through General Manager Counsel for Petitioner :- Shiv Babu Dubey Counsel for Respondent :- A.S.G.I.,Sabhajeet Singh Hon'ble Manish Kumar Nigam,J. 1. Heard learned counsel for the parties and perused the record. 2. The solitary grievance of the petitioners is that the amount of Rs. 80,000/- has been directed to be released in favour of the claimant/petitioners by the impugned award of the Railway Claims Tribunal, Allahabad Bench dated 08.09.2023 is inequitable, unjust and grossly inadequate. It defeats the purpose of award of compensation for death caused to the mother of the present petitioners in a railway accident. 3. A perusal of the record reveals that in a railway accident occurred on 13.06.2014, Smt. Lakhpatiya, mother of the present petitioners suffered fatal injuries and died on spot. Arising therefrom, the petitioners instituted a claim petition on 22.08.2014. It has been decided on 08.09.2023, almost nine years after the occurrence of the accident. Even then, by that award, the Tribunal has awarded Rs. 8,00,000/- (in all) to the petitioners. 4. The Tribunal has provided for release of Rs. 40,000/- each i.e. total amount of Rs.80,000/- to the petitioners and the balance amount is to be deposited in Fixed Deposit for a period of three years. 5. Petitioners are aggrieved by the wholly inadequate amount directed to be released, in a mechanical manner. Looking at the total compensation awarded, a sum of Rs. 40,000/- each i.e. total amount of Rs.80,000/- would be released at present though the petitioners claim that compensation of Rs. 8,00,000/- has been awarded. At present, the petitioners pray for release of at least fifty per cent of the awarded amount. 6. On the other hand, learned counsel for the Railways would submit that the order restraining release of ninety per cent of the award is only in the interest of the petitioner as she is likely to receive a higher amount after three years upon accrual of interest. 7. Having heard learned counsel for the parties and having perused the record, while there can be no dispute to the principle universally applied in such cases where part compensation amount is released at the time of the award being made and the balance amount is invested for the benefit of the claimants, at the same time, it cannot be applied as a rule of thumb in all cases. In that, individual facts and circumstances must dictate the exercise of discretion, in such matters. The claimants who lost their mother who certain dependency may also be claimed cannot be forced to litigate for years to earn an award of compensation and then be made to wait for further years to receive that compensation owing to exercise of discretion by the Court, ostensibly in the interest of such claimant. 8. Therefore, the above principle invoked by the learned Tribunal must be blended with practicality so as to release a reasonable amount, keeping in mind the overall circumstances of the case. 9. In the present case, petitioners are the son and daughter of the deceased. They have waited for nine years from the occurrence of death for award of the compensation. The compensation awarded at the moment is also not excessive but a modest sum of Rs. 8,00,000/-. 10. Accordingly, the prayer made by learned counsel for the petitioners for release of fifty per cent of the awarded amount is found to be wholly just and proper. Accordingly, the award dated 08.09.2023 shall stand modified. 11. Let 50% of the awarded amount i.e. Rs. 4,00,000/- along with proportionate interest be released in favour of the petitioners within a period of four weeks from the date of production of certified copy of this order. The balance amount shall be invested and retained in highest bearing term deposit in a nationalized bank for a period of three years. 12. With the above observations, the present writ petition is disposed of. 13. It is made clear that any amount paid in compliance of the award may be adjusted against the amount to be released in pursuance of this order. 14. Also, this order has been passed independent of the right of the petitioners to claim enhancement, if advised. Order Date :- 29.7.2025 Priya (Manish Kumar Nigam, J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad