HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33014 of 2025 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard Sri Ashok Kumar Singh, learned counsel for the petitioner, Ms. Annapurna Singh Chandel, learned counsel for the respondents and perused the record. 2. The solitary grievance of the petitioner is that the amount of Rs. 15,000/- has been directed to be released in favour of the claimant/petitioner by the impugned award of the Railway Accident Claims Tribunal dated 15.04.2025 is inequitable, unjust and grossly inadequate. It defeats the purpose of award of compensation for death caused to the husband of the petitioner in a railway accident. 3. A perusal of the record reveals that in a railway accident occurred on 22.06.2016, Triloki, the husband of petitioner suffered fatal injuries and died on 22.06.2016. Arising therefrom, the petitioner instituted a claim petition on 15.11.2016, which has been decided on 15.04.2025, almost 9 years after the occurrence of the accident. Even then, by that award, the Tribunal has awarded Rs. 8,00,000/- (Rs. 1,50,000/- to the petitioner (wife of the deceased), Rs. 1,30,000/- each to the fours sons and one daughter of the petitioner. 4. The Tribunal has provided for release of ₹15,000/- to the petitioner and the balance is to be deposited in Fixed Deposit for a period of three years. 5. Petitioner is aggrieved by the wholly inadequate amount directed to be released, in a mechanical manner. Looking at the total compensation awarded, a sum of ₹15,000/-would be released at present though the Versus Counsel for Petitioner(s) : Ashok Kumar Singh, Gaurav Singh Counsel for Respondent(s) : A.S.G.I., Annapurna Singh Smt. Gyanmati Devi .....Petitioner(s) Union Of India And Another .....Respondent(s) petitioner claim that compensation of ₹1,50,000/- has been awarded. At present, the petitioner prays for release of at least seventy five per cent of the awarded amount to the petitioner (wife). 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 claimant/petitioner who lost her husband 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 claimants. 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 the wife of the deceased. She has 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 ₹1,50,000/-. 10. Accordingly, the prayer made by learned counsel for the petitioner for release of at least seventy five per cent of the awarded amount to the petitioner, is found to be wholly just and proper. Accordingly, the award dated 15.04.2025 shall stand modified. 11. Let 75% of the awarded amount i.e. ₹1,25,000/- along with proportionate interest be released in favour of the petitioner within a WRIC No. 33014 of 2025 2 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. Amount awarded to minor children of the deceased shall remain deposited in fixed deposit as directed by the Tribunal. 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. September 19, 2025 Mini WRIC No. 33014 of 2025 3 (Manish Kumar Nigam,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad