FAO No. 5038 of 2008 -1 - IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH FAO No. 5038 of 2008 Date of decision : 27.4.2009 Sh.Harbans Singh and another ..Appellants. Vs. Union of India through General Manager, Northern Railway, Baroda House, 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 the order dated 7.10.2008 passed by Railway Claims Tribunal, Chandigarh Bench, Chandigarh whereby claim application has been partly allowed and the appellants Harbans Singh and Gurmail Kaur have been awarded Rs.2 lacs each along with interest @ 9% per annum from the date of order till the date of realisation of the amount but it shall be payable in case of respondent's failure to pay it within a period of 60 days from the date of the order. It is also ordered that entire amount of compensation shall be kept in fixed deposit in Nationalised Bank separately for a period of three years with liberty to them to withdraw quarterly interest on the fixed deposit. Counsel for the appellants has vehemently contended that since both the appellants are major (adults), therefore, amount of compensation of FAO No. 5038 of 2008 -2 - Rs.2 lacs each awarded to them cannot be ordered to be kept in fixed deposit and has to be paid to them forthwith in cash. In this regard, learned counsel for the appellants relies upon a decision of the Supreme Court in the case of H.S.Ahammed Hussain Vs. Irfan Ahammed 2002(3) RCR (Civil) 563 and a decision of this Court in the case of Asraf Vs. Motor Accidents Claims, Tribunal, Gurgaon 2007(3) PLR 692. He further contends that the appellants are entitled to interest on the award of compensation from the date of filing of the petition till the date of its actual realisation. Learned counsel for the appellants further relies upon a decision of the Supreme Court in the case of N.Paramswaran Pillai and another Vs. Union of India and another, 2002 ACJ 841. Learned counsel for the respondent could not dispute the proposition of law in this regard. After hearing the counsel for the parties, I am of the view that the present appeal deserves to succeed in view of law laid down in H.S.Ahammed Hussain Vs. Irfan Ahammed (supra) in which the Apex Court has categorically held that if the appellants are major (adults) then the amount of compensation cannot be retained in FDRs and has to be paid to them in cash. Similar view has been taken by this Court in Asraf Vs. Motor Accidents Claims, Tribunal, Gurgaon (supra). Therefore, the impugned award is modified and it is ordered that amount of compensation which is ordered to be deposited in Nationalised Bank for three years by way of FDR, shall be released to the appellants forthwith in cash. Similarly there is no dispute in respect of grant of interest which is to be paid from the date of filing of the claim petition till the date of actual realisation of the amount, therefore, the impugned award in this regard is further modified to the FAO No. 5038 of 2008 -3 - extent that the appellants shall be entitled to interest @ 9% per annum from the date of filing of claim petition till the date of its actual realisation. No other point has been raised before the Court. In view of the above, the appeal is allowed and the impugned award dated 7.10.2008 is modified as indicated above. (RAKESH KUMAR JAIN) 27.4.2009 JUDGE Meenu