Babu Ji & Anr. v. Union Of India & Anr.

#1. Heard learned counsel for the parties and perused the record.

#2. The solitary grievance of the petitioners is that only ₹ 80,000/- of the to be amount has been directed favour of released claimants/petitioners by the impugned award of the Railway Accident Claims Tribunal dated 27.6.2024 is inequitable, unjust and grossly inadequate. It defeats the purpose of award of compensation for death caused to the son of petitioners in a railway accident.

#4. A perusal of the record reveals that in a railway accident occurred on

9.6.2016, Ajay Kumar, son of the petitioners suffered fatal injuries and died on 9.6.2016. Arising therefrom, petitioners instituted a claim petition on 9.6.2016 which has been decided on 27.6.2024, almost eight years after the occurrence of the accident. Even then, by that award, the Tribunal has awarded ₹ 8,00,000/- (in all) to the petitioners/claimants.

#5. The Tribunal has provided for release of ₹ 80,000/- to the petitioners and the balance is to be deposited in Fixed Deposit for a period of three years.

#6. Petitioners are aggrieved by the wholly inadequate amount directed to be released, in a mechanical manner. Looking at the total compensation awarded, a sum of ₹ 80,000/-would be released at present though the petitioners claim that compensation of ₹ 8,00,000/- has been awarded. At present, the petitioners pray for release of at least 75% of the awarded 2 WRIC No. 31218 of 2025 amount to the petitioners.

#7. On the other hand, learned counsel for the Railways would submit that the order restraining release of ninety per cent of the award is only in the interest of the petitioner as she is likely to receive a higher amount after three years upon accrual of interest.

#8. 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 claimant, 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 claimants/petitioners who lost their son and on who certain dependency may also be claimed 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.

#9. Therefore, the above principle invoked by the learned Tribunal must be blended with practicality so as to release a reasonable amount, keeping in mind the overall circumstances of the case.

#10. In the present case, petitioners are father and mother of the deceased and have waited for eight years from the occurrence of death for award of the compensation. The compensation awarded at the moment is also not excessive but a modest sum of ₹ 8,00,000/-.

#11. Accordingly, the prayer made by learned counsel for the petitioners for release of at least 75% of the awarded amount to the petitioner is found to be wholly just and proper. Accordingly, the award dated

27.6.2024 shall stand modified.

#12. Let 75% of the awarded amount i.e. ₹ 3,00,000/- (each) along with proportionate interest be released in favour of the petitioners within a period of four weeks from the date of production of certified copy of this order. The balance amount shall be invested and retained in highest 3 WRIC No. 31218 of 2025 bearing term deposit in a nationalized bank for a period of three years. Amount awarded to minor children of the deceased shall remain deposited in fixed deposit as directed by the Tribunal.

#13. With the above observations, the present writ petition is disposed of.

#14. 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.

#15. Also, this order has been passed independent of the right of the petitioner to claim enhancement, if advised. September 9, 2025 Rishabh (Manish Kumar Nigam,J.)