FAO-401-2020 (O&M) [253] Roshni and others Union of India and Coram : Present: PANKAJ JAIN [1] Claims Tribunal, Chandigarh Bench, Chandigarh, whereby the claim petition filed by the claimants seeking compensation on account of death of Ishwar Singh in an untoward incident dated 21.01.2016 train, stands [2] recovered from the person of the deceased. MST was valid from 13.01.2016 till 12.02.2016. Hence, the question of its validity on the date o dated 21.01.2016 is beyond doubt. Tribunal has non holding that as per the site plan, the lying between Down Main Line and Up Loop Line Station Babarpur by some train while crossing the railway track. (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-401- Date of Decision : 29.05.2025 Roshni and others versus Union of India and others HON’BLE MR. JUSTICE PANKAJ JAIN Mr. Narender Kaajla, Advocate for the appellants. Mr. Narender Kumar Vashist, Senior Panel Counsel for the respondent-UOI. *** PANKAJ JAIN, J. (ORAL) Challenge is to Award dated 27.09.2019 passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh, whereby the claim petition filed by the claimants seeking compensation on account of death of Ishwar Singh in an untoward incident dated 21.01.2016 stands dismissed. MST and a valid Identity Card ha recovered from the person of the deceased. MST was valid from 13.01.2016 till 12.02.2016. Hence, the question of its validity on the date o dated 21.01.2016 is beyond doubt. Tribunal has non holding that as per the site plan, the dead between Down Main Line and Up Loop Line Station Babarpur and thus, it is proved that he died of having been run over some train while crossing the railway track. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -2020 (O&M) Date of Decision : 29.05.2025 …Appellants ….Respondents PANKAJ JAIN Advocate Mr. Narender Kumar Vashist, Senior Panel Counsel Challenge is to Award dated 27.09.2019 passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh, whereby the claim petition filed by the claimants seeking compensation on account of death of Ishwar Singh in an untoward incident dated 21.01.2016 while boarding passenger MST and a valid Identity Card have been proved to have been recovered from the person of the deceased. MST was valid from 13.01.2016 till 12.02.2016. Hence, the question of its validity on the date of accident dated 21.01.2016 is beyond doubt. Tribunal has non-suited the claimants, dead body of the deceased was found between Down Main Line and Up Loop Line in the yard of Railway proved that he died of having been run over some train while crossing the railway track. 1 Challenge is to Award dated 27.09.2019 passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh, whereby the claim petition filed by the claimants seeking compensation on account of death of Ishwar while boarding passenger been proved to have been recovered from the person of the deceased. MST was valid from 13.01.2016 f accident suited the claimants, found in the yard of Railway proved that he died of having been run over RAJNEESH SHARMA 2025.07.02 10:47 I attest to the accuracy and integrity of this document FAO-401-2020 (O&M) [3] observations made by the Supreme Court in the case of Rina Devi, 2019 [4] that the case of claimant is covered by the the Supreme Court. [5] by the Tribunal on Issue Nos.1 & 2 reversed. Resultantly, Claim petition filed by the claimants is compensation of the date of accident till the date of actual realization or Rs.8,00,000/ whichever is higher. (O&M) Counsel for the appellants relies upon the following observations made by the Supreme Court in the case of Rina Devi, 2019 (3) SCC 572:- “15.4 Accordingly, we conclude that compensation will be payable as applicable on the date of the accident with interest as may be considered reasonable from time to time on the same pattern as in accident claim cases. If the amount so calculated i amount prescribed as on the date of the award of the claimant will be entitled to higher of the two amounts. This order will not affect the awards which have already become final and where limitation for challenging such award order will not by itself be a ground for condonation of delay. Seeming conflict in Rathi Menon Sanhoo (supra) stands explained accordingly. The 4 judgment in Pratap Narain Singh Deo the subject and squarely applies to the present situation. Compensation as applicable on the date of the accident has to be given with reasonable interest and to give effect to the mandate of beneficial legislation, if compensation as provided award of the Tribunal is higher than unrevised amount with interest, the higher of the two amounts has to be given.” Counsel for the respondent-UOI is not in a position to dispute case of claimant is covered by the the Supreme Court. In view of the above, this Court finds that the finding by the Tribunal on Issue Nos.1 & 2 cannot be reversed. Resultantly, award passed by the Tribunal Claim petition filed by the claimants is allowed compensation of Rs.4,00,000/- along with interest @ the date of accident till the date of actual realization or Rs.8,00,000/ whichever is higher. The compensation shall be equally disbursed amongst Counsel for the appellants relies upon the following observations made by the Supreme Court in the case of ‘Union of India vs. Accordingly, we conclude that compensation will be payable as applicable on the date of the accident with interest as may be considered reasonable from time to time on the same pattern as in accident claim cases. If the amount so calculated is less than the amount prescribed as on the date of the award of the Tribunal, the claimant will be entitled to higher of the two amounts. This order will not affect the awards which have already become final and where limitation for challenging such awards has expired, this order will not by itself be a ground for condonation of delay. Rathi Menon (supra) and Kalandi Charan (supra) stands explained accordingly. The 4-Judge Bench Pratap Narain Singh Deo (supra) holds the field on the subject and squarely applies to the present situation. Compensation as applicable on the date of the accident has to be with reasonable interest and to give effect to the mandate of beneficial legislation, if compensation as provided on the date of award of the Tribunal is higher than unrevised amount with interest, the higher of the two amounts has to be given.” UOI is not in a position to dispute case of claimant is covered by the observations made hereinabove by In view of the above, this Court finds that the findings recorded cannot be sustained and need to be ward passed by the Tribunal is hereby set aside allowed. They are held entitled for along with interest @ 9% per annum from the date of accident till the date of actual realization or Rs.8,00,000/ compensation shall be equally disbursed amongst 2 Counsel for the appellants relies upon the following Union of India vs. Accordingly, we conclude that compensation will be payable as applicable on the date of the accident with interest as may be considered reasonable from time to time on the same pattern as in s less than the Tribunal, the claimant will be entitled to higher of the two amounts. This order will not affect the awards which have already become final and s has expired, this order will not by itself be a ground for condonation of delay. Kalandi Charan Judge Bench he field on the subject and squarely applies to the present situation. Compensation as applicable on the date of the accident has to be with reasonable interest and to give effect to the mandate of on the date of award of the Tribunal is higher than unrevised amount with UOI is not in a position to dispute ns made hereinabove by recorded sustained and need to be aside. . They are held entitled for per annum from the date of accident till the date of actual realization or Rs.8,00,000/-, compensation shall be equally disbursed amongst RAJNEESH SHARMA 2025.07.02 10:47 I attest to the accuracy and integrity of this document FAO-401-2020 (O&M) the claimants. details of their bank accounts before the Tribunal within a period of 04 weeks with an advance copy to the Railways. After receivin with respect to details of bank accounts, Railways shall within a further period of 12 weeks deposit the entire compensation payable to the claimants in the bank accounts. compensation within the pr be liable to pay interest @ 9% per annum. [6] [7] disposed off 29.05.2025 ‘R. Sharma' (O&M) the claimants. The claimants shall move an appropriate application giving details of their bank accounts before the Tribunal within a period of 04 weeks with an advance copy to the Railways. After receivin with respect to details of bank accounts, Railways shall within a further period of 12 weeks deposit the entire compensation payable to the claimants in the bank accounts. In view of failure of Railways to pay the compensation within the prescribed period of 12 weeks, the Railways shall be liable to pay interest @ 9% per annum. With the aforesaid modification All pending miscellaneous application(s), if any, stands disposed off. 29.05.2025 Whether speaking/ reasoned Whether reportable The claimants shall move an appropriate application giving details of their bank accounts before the Tribunal within a period of 04 weeks with an advance copy to the Railways. After receiving advance copy with respect to details of bank accounts, Railways shall within a further period of 12 weeks deposit the entire compensation payable to the claimants In view of failure of Railways to pay the escribed period of 12 weeks, the Railways shall be liable to pay interest @ 9% per annum. modification the appeal is disposed off. All pending miscellaneous application(s), if any, stands (PANKAJ JAIN) JUDGE : Yes/No : Yes/No 3 The claimants shall move an appropriate application giving details of their bank accounts before the Tribunal within a period of 04 g advance copy with respect to details of bank accounts, Railways shall within a further period of 12 weeks deposit the entire compensation payable to the claimants In view of failure of Railways to pay the escribed period of 12 weeks, the Railways shall All pending miscellaneous application(s), if any, stands RAJNEESH SHARMA 2025.07.02 10:47 I attest to the accuracy and integrity of this document