HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 14156 of 2026 Court No. - 5 HON'BLE VIKAS BUDHWAR, J. 1. Heard Ms. Deepali Srivastava Sinha, learned counsel for the petitioner and Sri Brijesh Kumar, learned counsel for the respondents. 2. This Court on 15.04..2026, sought instructions. Today, instructions have been produced, which are taken on record and marked as Appendix ‘A’. 3. Learned counsel for the respondents submits that he does not propose to file any affidavit and he is in a position to argue the matter. Thus, with the consent of the parties, the petition is being decided at the fresh stage. 4. The case of the petitioner is that on the fateful day i.e. 27.06.2023, met with an accident and received grievous injury resulting into permanent disability. The writ petitioner approached the Railway Claims Tribunal, Allahabad being Case no. OA/(IIU)/ALD/96/2024 (Komal vs. Union of India), which came to be allowed on 18.07.2025 awarding compensation to the tune of Rs.4,00,000/- with an interest of 9% per annum and as per the order in question only 10% was released and 90% was directed to be deposited in the fixed deposit. 5. Aggrieved against the non-release of the entire amount the present petition has been preferred and on 15.04.2026, this Court sought instructions. 6. 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 Versus Counsel for Petitioner(s) : Amit Kumar Sinha, Deepali Srivastava Counsel for Respondent(s) : A.S.G.I., Brijesh Kumar Komal .....Petitioner(s) Union Of India And Another .....Respondent(s) the ocean which would not be an appropriate. 7. 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. 8. I have heard learned counsel for the parties and gone through the records carefully. 9. Apparently, on account of the accidents which occurred, the writ petitioner preferred proceedings before the Tribunal which came to be allowed on 18.07.2025. 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%. 10. 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 18.07.2025 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. 11. 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 whose left leg was amputated 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 claimant. 12. Accordingly, the award dated 18.07.2025 passed in Claim Petition No. OA/(IIU)/ALD/96/2024 (Komal vs. Union of India) is modified. 13. Let 50% of the awarded amount to the tune of Rs.2,00,000/- along with proportionate interest is released in favour of the petitioner within a period WRIC No. 14156 of 2026 2 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. 14. With the above observations, the present writ petition is disposed of. 15. 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. 16. Also, this order shall be passed independent of the right of the petitioner to claim enhancement, if any. May 7, 2026 N.S.Rathour WRIC No. 14156 of 2026 3 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad