FAO No. 5775 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. 5775 of 2009 (O&M) Date of decision: 15.12.2009 Gurdev Singh @ Boga Singh and another ..Appellants. v. Union of India .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Namit Sharma, Advocate for the appellants. ... Rajesh Bindal J. Challenge in the present appeal is to the order dated 29.10.2009, passed by the Railway Claims Tribunal, Chandigarh Bench, Chandigarh (for short, `the Tribunal') whereby while awarding Rs. 3,50,000/- and Rs. 50,000/- to appellants No. 1 and 2, the Tribunal ordered that out of Rs. 3,50,000/-, awarded to appellant No. 1, Rs. 50,000/- shall be paid in cash and Rs. 3,00,000/- shall be kept in fixed deposit in some nationalised bank for a period of two years with liberty to him to withdraw quarterly interest thereon. Similarly, the amount of compensation payable to appellant No. 2 was also ordered to be kept in fixed deposit in the same terms. Briefly, the facts are that on 15.5.2008, Harpal Kaur @ Palo, wife and mother of appellants No. 1 and 2 respectively, was travelling from Bathinda to Giddarbaha in a train. When the train reached Baluana Railway Station, she alighted from the train by mistake and again tried to board it, but unfortunately, she fell down and received injuries. Ultimately, she died. In a petition filed for claiming compensation, vide judgment dated 29.10.2009, the appellants were awarded compensation in the manner mentioned in the preceding paragraph. It is against this judgment of the Tribunal, the appellants are before this Court praying for encashment of the total compensation. Learned counsel for the appellants submitted that as the appellants are major, the amount of compensation, which is ordered to be kept in fixed deposit by the Tribunal, be released in cash. After hearing learned counsel for the appellants and considering the fact that both the appellants are major, the balance amount lying deposited in the FAO No. 5775 of 2009 [2] FDRs in the names of the appellants deserves to be released. In view of the above, the impugned judgment is modified to the extent that the amount lying deposited in the fixed deposit in the names of the appellants be released to them. The bank is directed to release the amount to the appellants on pre-mature encashment of the FDR, if approached. The appeal is disposed of in the manner indicated above. (Rajesh Bindal) Judge 15.12.2009 mk