Neutral Citation No. - 2025:AHC:131553 Court No. - 9 Case :- WRIT - C No. - 25880 of 2025 Petitioner :- Kalli Respondent :- Union of India Counsel for Petitioner :- Shiv Babu Dubey Counsel for Respondent :- A.S.G.I. Hon'ble Manish Kumar Nigam,J. 1. Heard Sri Shiv Babu Dubey, learned counsel for the petitioner, Sri Manish Pandey, learned counsel for the respondent and perused the record. 2. The solitary grievance of the petitioner is that the amount of Rs. 1,20,000/- has been directed to be released in favour of the claimant/petitioner by the impugned award of the Railway Accident Claims Tribunal dated 30.01.2023 is inequitable, unjust and grossly inadequate. It defeats the purpose of award of compensation for death caused to the son of the present petitioner in a railway accident. 3. A perusal of the record reveals that in a railway accident occurred on 11.07.2018, Nasim, son of the petitioner suffered fatal injuries and died on the same day. Arising therefrom, the petitioner instituted a claim petition on 14.12.2018. It has been decided on 30.01.2023, almost five years after the occurrence of the accident. Even then, by that award, the Tribunal has awarded Rs. 8,00,000/- (in all) to the petitioner. 4. The Tribunal has provided for release of Rs. 1,20,000/- to the petitioner and the balance is to be deposited in Fixed Deposit for a period of three years. 5. Petitioner is a widow lady and his son has died in railway accident. During the pendency of the claim petition, her husband also died. She is aggrieved by the wholly inadequate amount directed to be released, in a mechanical manner. Looking at the total compensation awarded, a sum of Rs. 1,20,000/- would be released at present though the petitioner claim that compensation of Rs. 8,00,000/- has been awarded. At present, the petitioner prays for release of entire awarded amount. 6. On the other hand, learned counsel for the Railways would submit that the order restraining release of eighty five per cent of the award is only in the interest of the petitioner as they are 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 claimant who lost their son and on 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, petitioner is mother of the deceased and appears to be more than sixty years of age. She has waited for almost five 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 petitioner for release full amount of the awarded amount is found to be wholly just and proper. Accordingly, the award dated 30.01.2023 shall stand modified. 11. Let 100% of the awarded amount i.e. Rs. 8,00,000/- 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. 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 petitioner to claim enhancement, if advised. Order Date :- 5.8.2025 Nitika Sri. (Manish Kumar Nigam,J.) Digitally signed by :- NITIKA SRIVASTAVA High Court of Judicature at Allahabad