Page No.# 1/4 GAHC010006252025 2026:GAU-AS:983 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MFA/35/2025 MARAMI TALUKDAR AND ANR W/O. LT. RAHUL TALUKDAR 2: SRI KRISH TALUKDAR S/O. LT. RAHUL TALUKDAR R/O. VILL DATALPARA AMBARI P.S. FATASIL AMBARI P.O. AMBARI FATASIL PIN-78102 VERSUS THE UNION OF INDIA REP BY THE GENERAL MANAGER, N. F. RAILWAY, MALIGAON, GUWAHATI 11 Advocate for the Petitioner : MR J MOLLAH, MR J MOLLAH,MRS. A BHANU Advocate for the Respondent : MRS. R DEVI (C.G.C), BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 28-01-2026 Heard learned counsel Mr. J. Mollah for the appellants No. 1. Smt. Marami Talukdar and 2. Sri Krish Talukdar. Also heard Ms. R. Devi, learned CGC for the Page No.# 2/4 Railways. 2. The appellant is aggrieved by the judgment and order dated 27.09.2024 passed in OAIIu-96/2023 [OA(IIu)/GHY/96/2023] by the Railway Claims Tribunal, Guwahati Bench. Vide the order dated 27.09.2024, the Railway Claims Tribunal, Guwahati Bench, has directed the respondent to pay a compensation of Rs.8,00,000/- (Rupees Eight Lacs) to the appellants with pendent lite interest @ 6% per annum from the date of registration of the claim application. The appellants are aggrieved by the order as the appellant No. 1. Smt. Marami Talukdar was allowed to withdraw only Rs.1,00,000/- (Rupees One Lac) out of Rs.8,00,000/- (Rupees Eight Lacs) with interest component whereas the Tribunal had directed transfer of the remaining amount into her bank account to be kept as fixed deposits partly for certain period, as follows :- Rs.3,00,000/- (Rupees Three Lacs) to be invested in six FDRs of Rs.50,000/- (Rupees Fifty Thousand) each for a period of 1 to 6 years in ascending order i.e.; One FDR for one year, Second FDR for two years and Third FDR for three years and so on, in a nationalized bank. 3. The remaining Rs.4,00,000/- (Rupees Four Lacs) was directed to be invested in the name of the appellant No. 2 Sri Krish Talukdar (represented by his mother, appellant No. 1) in a nationalized bank as fixed deposit till the minor attains majority. Page No.# 3/4 4. It is submitted that the appellant is under financial constraints. Rs.1,00,000/- (Rupees One Lac) which was allowed to be withdrawn is not sufficient to meet the requirement to bring up her child and to maintain him, raise him and educate him. Due to the prevailing rate of inflation, the appellant No. 1 will be unable to meet even her daily expenses. 5. Learned counsel for the appellants has also relied on the decision of this Court in connection with Sabya Kalita @ Sabya Deka and Anr.-Versus-The Union of India in Case No. MFA No. 52/2023 wherein vide order dated 26.07.2023, the appeal was partly allowed by modifying the impugned judgment and order of the Tribunal and directing to release an amount of Rs.2,00,000/- (Rupees Two Lacs) each as fixed deposits. 6. The appellants have also relied on the decision of this Court in Madhumati @ Madhomati Satnami–Versus-The Union of India, wherein vide order dated 10.03.2023, the Railways was directed to pay a compensation of Rs.8,00,000/- (Rupees Eight Lacs) and out of Rs.8,00,000/- (Rupees Eight Lacs) to deposit Rs.2,00,000/- (Rupees Two Lacs) as fixed deposit. 6. I have considered the submissions at the bar with circumspection. 7. In view of the foregoing discussions, it appears that the appellants will indeed be highly prejudiced if the appellant No. 1 is allowed to withdraw only Rs.1,00,000/- (Rupees One Lac). Thereby, the judgment and order dated 27.09.2024 in OAIIu-96/2023 [OA(IIu)/GHY/96/2023] passed by the Railway Claims Tribunal, Guwahati Bench, is hereby modified and out of the amount of Rs.8,00,000/- (Rupees Eight Lacs) deposited by the Railways, the appellant No. Page No.# 4/4 1 is allowed to withdraw Rs.5,00,000/- (Rupees Five Lacs) and the remaining amount Rs.3,00,000/- (Rupees Three Lacs) to be invested as fixed deposit in favour of the minor Sri Krish Talukdar, till he attains the majority. 8. In terms of the above observation, this appeal stands disposed of. JUDGE Comparing Assistant