FAO No.1853 of 2010 (O&M) -1- ****** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1853 of 2010 (O&M) Date of decision: 30.11.2010. Kesar Singh and others ...Appellants Versus Union of India ...Respondent CORAM: HON’B LE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. Somesh Gupta, Advocate, for the appellants. None for the respondent. ***** RAKESH KUMAR JAIN, J. This appeal is directed against the order of learned Railway Claims Tribunal, Chandigarh Bench, Chandigarh [for short “the Tribunal”] dated 04.03.2010 by which claimants have been allowed `4,00,000/- along with interest @ 6% per annum from the date of filing of the claim petition, i.e. from 20.05.2009, till the date of award and further interest @ 9% per annum from the date of award till its realization and the amount of `4,00,000/- was apportioned amongst the claimants in the manner that the claimant No.1 (Kesar Singh) would get `50,000/- and claimant Nos.2 to 4 would get `50,000/- each and the remaining amount of `2,00,000/- payable to claimant No.1 was ordered to be kept in the fixed deposit in a nationalized bank for a period of 2 years with liberty to withdraw quarterly interest accrued thereon and the amount payable to claimant Nos.2 to 4 was also ordered to be kept in a nationalized bank for a period of two years with liberty to them to withdraw quarterly interest thereon. However, FAO No.1853 of 2010 (O&M) -2- ****** `50,000/- awarded to claimant No.1 was ordered to be released immediately. In the present appeal, appellants have claimed that appellant No.1 Kesar Singh is an adult, therefore, the amount of `2,00,000/- payable to him, which has been ordered to be kept in fixed deposit in a nationalized bank, is illegal and contrary to a decision of this Court rendered in FAO No.1262 of 2010 titled as Rameshwar Lal and others Vs. Union of India through General Manager, Northern Railway, Baroda House, New Delhi, decided on 11.05.2010. It is also submitted that the rate of interest should be enhanced from 6% per annum to 9% per annum from the date of filing of the claim petition till the date of its actual realization. Notice of motion was issued in this case, but despite service, no one has put in appearance on behalf of the respondent/Union of India. After hearing learned counsel for the appellant, I am of the view that order of the learned Tribunal has to be modified in view of the law laid down by this Court in the case of Rameshwar Lal and others (supra) in which it has been categorically held that the Tribunal had no jurisdiction to order for depositing the amount of compensation, awarded in favour of the adult claimants, in fixed deposit in a nationalized bank. Hence, the impugned order of the learned Tribunal is modified and it is ordered that the amount of `2,00,000/- payable to claimant No.1 Kesar Singh, who is an adult/major, shall be released to him forthwith and the rate of interest shall be paid to the claimants from the date of filing of the claim petition till its realization @ 9% per annum. Disposed of. November 30, 2010. (RAKESH KUMAR JAIN) vinod* JUDGE