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2026 DAILYLAW 11538 (GAU)

SMTI MONI DEVI v. UNION OF INDIA

CRP/53/2026 · 2026-07-30

Parthivjyoti Saikia

Transfer Petitionbody2026

Judgment text

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Page No.# 1/3 GAHC010075192026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP/53/2026 SMTI MONI DEVI W/O LT. KUMUD NATH, R/O VILL- MEKANAR CHUBURI, P.S- BIHAGURI, DIST- SONITPUR, ASSAM VERSUS UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER, NORTH EASTERN RAILWAY Advocate for the Petitioner : MR M AHMED, N. CHOUDHURY,MR A. ALI,A. K. KANU Advocate for the Respondent : DY.S.G.I., MR. B DEKA (R-1) :: BEFORE :: HON’BLE MR. JUSTICE PARTHIVJYOTI SAIKIA O R D E R 31.07.2026 Heard the learned counsel Mr. M. Ahmed appearing for the petitioner. Also heard Mr. B. Deka, the learned Central Government Counsel (CGC) appearing for Respondent Page No.# 2/3 No.1. 2. This application has been filed under Article 227 of the Constitution of India challenging the judgment dated 26.09.2024 passed by the Railway Claims Tribunal, Guwahati Bench in O.A.-IIu-06/24. 3. Late Pranjit Nath died in a railway accident. The Tribunal granted a compensation amount of ₹8,000,00/- (rupees eight lakhs) only along with interest @ 6% per annum. Out of the aforesaid ₹8,000,00/- (rupees eight lakhs) only, ₹1,000,00/- (rupees one lakh) only was directed to be paid to the applicant/petitioner and the remaining amount of ₹7,000,00/- (rupees seven lakhs) only was divided into 14 parts, each containing ₹50,000/- (rupees fifty thousand) only and aforesaid 14 parts were directed to be kept fixed deposit for a certain tenure. The petitioner prayed for release of 50% of the aforesaid amount of ₹8,000,00/- (rupees eight lakhs) only, which was declined by the Tribunal. 4. I have considered the submissions made by the learned counsels for both sides. 5. After the death of the son, the wife was directed to be compensated with ₹8,000,00/- (rupees eight lakhs) only. But the Tribunal disbursed only ₹1,000,00/- (rupees one lakh) and the remaining amount was directed to be kept fixed deposit. 6. This Court is of the opinion that meaning of the work compensation has been frustrated in the instant case. The claimant/petitioner has a son. Therefore, the Tribunal is directed to disburse 50% of the awarded amount of ₹8,000,00/-(rupees eight lakhs) only to the claimant. 7. The judgment of the Tribunal and the subsequent orders to that effect are modified accordingly. 8. The Tribunal shall disburse ₹4,000,00/- (rupees four lakhs) only to the claimant/petitioner. The remaining amount shall be kept fixed deposit as directed earlier. Page No.# 3/3 With the aforesaid direction, the instant petition is disposed of. JUDGE Comparing Assistant