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2025 DAILYLAW 89213 (PNJ)

SAMEENA KHATUN ALIAS SMINA KHATUN v. UNION OF INDIA AND OTHERS

CR/5329/2025 · 2025-08-11

Mandeep Pannu

body2025

Judgment text

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CR-5329-2025 -1- 121 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-5329-2025 DECIDED ON: 11.08.2025 SAMEENA KHATUN @ SMINA KHATUN .....PETITIONER VERSUS UNION OF INDIA AND OTHERS .....RESPONDENTS CORAM: HON'BLE MS. JUSTICE MANDEEP PANNU Present: Mr. Upender Prasher, Advocate for the petitioner. MANDEEP PANNU, J (ORAL) 1. Petitioner has assailed the order dated 02.01.2025 (Annexure P- 3), passed by the Railway Claims Tribunal Chandigarh Bench, whereby an application filed by the petitioner for release of the amount of compensation awarded to her, has been rejected. 2. Learned counsel for the petitioner submits that the petitioner is widow of deceased Mohamed Jasim, who was travelling as a passenger in Train from Amritsar to Saharsa and unfortunately expired in a railway accident on 11.07.2014. He submits that the petitioner along with her two minor daughters and old age parents of deceased filed a claim petition under the Railway Claims Tribunal Act, 1987, which was accepted and an award dated 24.05.2018 (Annexure P-1), was passed in their favour, whereby they were granted a compensation of Rs.8,00,000/- i.e. Rs. 3,00,000 to the POONAM NEGI 2025.08.16 10:58 I attest to the accuracy and integrity of this document CR-5329-2025 -2- widow; two minor daughters Rs.1,50,000/- each and parents Rs.1,00,000/- each, along with interest at the rate of 6% per annum from the date of application till the date of award and 9% from the date of award till the date of actual payment. Learned counsel further states that the Tribunal directed that part of compensation i.e. Rs.1,00,000/- be released immediately and the balance of Rs.2,00,000/- of the share of petitioner be invested in FDR for a period of three years, with liberty to the petitioner to withdraw quarterly interest. He further states that petitioner is a widowed lady and is in dire need of finance as she needs money to meet the expenses for the renovation of her residential house, which is in a dilapidated condition. Further she is the sole guardian and caretaker of her two minor daughters, who are pursuing their studies in Class 2 and Class 6 respectively and the compensation amount deserves to be released to her in order to enable her to meet expenses of her school going minor children. 3. I have heard learned counsel for the petitioner and gone through the case file. 4. Rule 44 of the Railway Claims Tribunal (Procedure) Rules, 1989 lays down that nothing in the procedure rules should be deemed to limit or otherwise affect the inherent powers of the Tribunal to make such orders as it deems necessary to meet the ends of justice or to prevent the abuse of the process of the Tribunal. Inherent powers have been vested in the Tribunal to meet the ends of justice, which in the opinion of the Court, would be met in a situation like the present one. This Court is, therefore, of the view that the Tribunal should have exercised the inherent powers vested in it under Rule 44 ibid, rather than in declining the application vide order impugned herein, which cannot be sustained. POONAM NEGI 2025.08.16 10:58 I attest to the accuracy and integrity of this document CR-5329-2025 -3- 5. For the afore-going reasons, revision petition is allowed. Impugned order dated 02.01.2025, (Annexure P-3), is set aside. 6. The FDR for the balance amount is ordered to be encashed. Principal amount along with accrued interest is directed to be paid to the petitioner in her bank account through RTGS after verifying her identity and bank account particulars. Needful be done within a period of one month from the date of receipt of certified copy of this order. (MANDEEP PANNU) 11.08.2025 JUDGE Poonam Negi Whether speaking/reasoned Yes/No Whether reportable Yes/No POONAM NEGI 2025.08.16 10:58 I attest to the accuracy and integrity of this document