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2025 DAILYLAW 9050 (JHR)

MUNI MURMU v. UNION OF INDIA REPRESENTED THROUGH THE GENERAL MANGER SOUTH CENTRAL RAILWLAY

MA/93/2024 · 2025-04-16

Sanjay Kumar Dwivedi

body2025

Judgment text

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[2025:JHHC:11542] -1- IN THE HIGH COURT OF JHARKHAND AT RANCHI M.A. No. 93 of 2024 1. Muni Murmu, Aged about 21 years, Wife of deceased Shyam Tudu, 2. Sanju Tudu, Aged about 4 Years, minor son of deceased Shyam Tudu 3. Shivnarayan Tudu, Aged about 47 years, Son of Late Falan Tudu (Father of deceased) 4. Suhagani Marandi, Aged about 40 years, Wife of Shivnarayan Tudu (Mother of deceased). Appellant No. 2 being minor is represented through his natural guardian appellant No. 1. All are Resident of Village Rajbandh, Pradhan Tola, P.O. Rajbandh, P.S.- Dumka (Muffasil), District Dumka. ..... … Appellants Versus 1. Union of India represented through the General Manager, South Central Railway, Secunderabad, (Telangana), P.O., P.S. and District-Secunderabad. ..... … Respondent -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Appellants : Mr. V.S. Jha, Advocate. For Resp.-Railway : Mrs. Niki Sinha, CGC ------ 04/ 16.04.2025 Heard Mr. V.S. Jha, learned counsel appearing for the appellants and Mrs. Niki Sinha, learned CGC appearing for the sole respondent-Railway. 2. This appeal is preferred for setting aside the part of the award dated 17.11.2023, passed in Case No. OA(IIU)/RNC/02/2023 (Checklist No. 2901220001), by the learned Railway Claims Tribunal, Ranchi, whereby the award has been made to the tune of Rs. 8,00,000/- and it has been bifurcated between the four claimants, i.e. wife, minor son, father and mother respectively of the deceased. 3. Learned counsel appearing for the appellants submits that this appeal is confined only to the effect that the awarded amount so far as major persons are concerned may kindly be released in their favour. [2025:JHHC:11542] -2- He submits that the minor son’s amount may be there in the fixed deposit in terms of the award. He further submits that the co-ordinate bench of this court in the identical award, has modified the said award in M.A. No. 645 of 2019. 4. Learned counsel appearing for the sole respondent-Railway submits that the learned tribunal has rightly passed the said award in the interest of the claimants and there is no illegality in the impugned award. 5. The prayer has been confined by the learned counsel appearing for the appellants for releasing the awarded amount so far as wife, father and mother are concerned and appellant No. 2 is minor son and his amount is sought to be remained in the fixed deposit. 6. Considering the facts of the case, since the family of the deceased is under distress due to his death in a railway accident, who was the sole bread earner, the compensation awarded in favour of the family members of the deceased namely Muni Murmu (Wife), Shivnarayan Tudu (Father) and Suhagani Marandi (Mother), who are majors should be released forthwith upon proper identification. 7. In view of the above, the impugned award is modified to the extent that in case the respondent Railway has not paid the entire compensation amount of Rs. 3,00,000/-, Rs. 1,00,000/- and Rs. 1,00,000/- to wife, father and mother respectively, that amount will be paid to them, as such, the respondent Railway is directed to transfer the said amount in the Bank account of wife, father and mother upon proper identification. So far as the fixed deposit of the minor son namely Sanju Tudu is concerned, that will be kept in the fixed deposit. 8. As such, the award dated 17.11.2023 in Case No. OA(IIU)/RNC/02/2023 (Checklist No. 2901220001), passed by the learned Railway Claims Tribunal, Ranchi, is modified to the above extent and this appeal is allowed in above terms. (Sanjay Kumar Dwivedi, J.) Amitesh/-