HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 18253 of 2026 Court No. - 5 HON'BLE VIKAS BUDHWAR, J. 1. Heard Ms. Deepali Srivastava, learned counsel for the petitioners and Sri Dinesh Kumar Misra, learned counsel for the respondents. 2. Learned counsel for the respondents submits that he is well equipped with the instructions and the instructions are self-sufficient for disposal of the writ petition and he does not propose to file any further affidavit and the petition be decided on the basis of the documents available on record, thus with the consent of the parties, writ petition is being decided at the fresh stage. 3. The case of the writ petitioners is that on fateful day of 16.06.2019, Prabha Kol @ Parmanand son of the petitioner in an untoward railway accident received grievous injuries resulting in death. That upon the death of the son of the petitioner, he preferred a claim application before The Railway Claims Tribunal, Lucknow Bench and same was registered as OA/(Ilu)/LKO/431/2019 Smt. Soniya Versus Union Of India. Later on, it was transferred to the Allahabad Bench and registered as OA/(IIu)/ALD/1907/2020 (Smt. Soniya Versus Union Of India). The said petition came to be decided by the Railway Claims Tribunal, Allahabad on 29.08.2024 awarding compensation a sum of Rs. 8,00,000/- wherein 10% of the amount was only released and 90% was directed to the deposited in fix deposit receipt. Aggrieved against the deposit of 90% of the total amount of Rs. 8 lakhs, the present writ petition has been preferred seeking a direction to the Railway Claims Tribunal, Gorakhpur, Bench Gorakhpur to release the entire amount as awarded on 29.08.2024. 4. Learned counsel for the writ petitioners has submitted that there is no logic or rational in not releasing the 90% amount, particularly, when the admissibility and the entitlement stands endorsed by the Tribunal. Submission is that the petitioners are in dire need of the said amount and in case only 10% amount is being extended then it would be just like a drop in the ocean which would not be an appropriate. Versus Counsel for Petitioner(s) : Deepali Srivastava, Shiv Binayak Counsel for Respondent(s) : Dinesh Kumar Misra, A.S.G.I. Smt Soniya .....Petitioner(s) Union Of India And Another .....Respondent(s) 5. On the other hand, learned counsel for the respondents submits that the 10% amount so released and 90% so directed to be invested is for the benefit of the legal heirs. 6. I have heard learned counsel for the parties and gone through the records carefully. 7. Apparently, on account of the accidents which occurred and death of the deceased, the legal heirs preferred proceedings before the Tribunal which came to be decided on 29.08.2024. The only question which remains before this Court is whether there is any logic or not in investing 90% of the amount and releasing 10%. 8. In the opinion of the Court, since the writ petitioners are before this Court seeking an appropriate direction for release of the 90% amount on account of financial circumstances and dire need of the resources at this stage and bearing in mind the fact that on a specific query being raised to the learned counsel for the respondents whether the Railway has challenged the award dated 29.08.2024 or not, the answer is in negative as the Railway do not propose to question the same, thus, in the light of the intervening facts and the circumstances, the matter requires to be considered. 9. 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. 10. Accordingly, the award dated 29.08.2024 passed in Claim Petition No. OA/(IIu)/ALD/1907/2020 (Smt. Soniya Versus Union Of India) is modified. 11. Let 50% of the awarded amount to the tune of Rs. 4 lakhs along with proportionate interest is released in favour of the petitioners within a 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. 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. WRIC No. 18253 of 2026 2 14. Also, this order shall be passed independent of the right of the petitioners to claim enhancement, if any. May 18, 2026 Ashu WRIC No. 18253 of 2026 3 (Vikas Budhwar,J.) Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad