FAO No.5037 of 2008 -1- IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH FAO No.5037 of 2008 Date of decision : 30.3.2009 Seema Rani and others ..Appellants. Vs. Union of India, through General Manager, Northern Railways, New Delhi. ..Respondent. CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present : Mr.Somesh Gupta, Advocate for the appellants. Mr.Jagdish Marwaha, Advocate for the respondent. RAKESH KUMAR JAIN, J. This appeal is directed against award dated 12.9.2008 passed by Railway Claims Tribunal, Chandigarh Bench, Chandigarh (for short `the Tribunal'). While adjudicating claim, the Tribunal observed as under : “The claim application is allowed and an award for Rs.4,00,000/- (Rupees Four lacs only) is made in favour of the applicants and against the respondent-railways to be paid by the respondent-railways in the manner that applicant No.1, who is widow of the deceased, shall get a sum of Rs.1,50,000/- (Rupees One lac fifty thousand only) and applicants No.2 and 3, who are minor son and minor daughter respectively of the deceased, shall get a sum of Rs.1,25,000/- each (Rupees One lac twenty five thousand only). However, the amount of FAO No.5037 of 2008 -2- compensation payable to Smt.Seema Rani, applicant No.1 shall be kept in fixed deposit in her favour in some Nationalised Bank for a period of three years with liberty to her to withdraw quarterly interest thereon. Since applicants No.2 and 3 are minor, their share of compensation amount shall be kept in fixed deposits in their favour in some Nationalised Bank till they attain the age of majority. However, their mother, Smt.Seema Rani shall be at liberty to withdraw quarterly interest on such FDRs for the maintenance and other day-to-day expenses of the minors. The respondent-railways are allowed 60 days' time to make the aforesaid payment failing which, the applicants shall be entitled to recover the compensation amount with interest @ 9% from the date of this order till realization of the same. As soon as the amount of compensation is received by the applicants, photocopies of the FDRs shall be submitted before this Tribunal for information and record.” Learned counsel for the appellants has submitted that the appellants are aggrieved against the impugned order on two accounts. Firstly, in respect of order of deposit of compensation in the Nationalised Bank by way of FDR and secondly, for not granting interest from the date of filing of claim petition. In this regard, learned counsel for the appellants submits that appellant No.1 is an adult/major, therefore, order of deposit of the amount of compensation in fixed deposit, is illegal in view of decision of the Supreme Court in the case of H.S.Ahammed Hussain Vs. Irfan Ahammed FAO No.5037 of 2008 -3- 2002(3) RCR (Civil) 563 and Asraf Vs. Motor Accidents Claims Tribunal, Gurgaon and others (2007-3) PLR 692. In respect of the second grievance, learned counsel for the appellants has relied upon a decision of the Apex Court in the case of N.Parameswaran Pillai and another Vs. Union of India and another 2002 ACJ 841 and a decision of this Court in case of Usha Rani and others Vs. Union of India and another 2005 ACJ 1611. Learned counsel for the respondent, however, could not dispute the proposition of law laid down in the aforesaid judgments. After hearing the counsel for the parties and keeping in view the decision of the Apex Court as well as of this court, the present appeal is allowed. Order dated 12.9.2008 is hereby modified. It is directed that amount of compensation awarded to appellant No.1 to the extent of Rs.1,50,000/- shall be paid to her in cash forthwith along with 9% interest from the date of filing of the claim petition. (RAKESH KUMAR JAIN) 30.3.2009 JUDGE Meenu