16 years on, HC raps Railways for opposing relief plea

Tribune News Service

Saurabh Malik

Chandigarh, May 29

More than 16 years after a man died in an accident while travelling to Bandikui junction in Rajasthan, the Punjab and Haryana High Court has rapped the Railways for apparently opposing his widow and children’s plea in a compensation matter “merely for the sake of it”.

Justice Arun Monga also directed the Executing Court (Railways Claims Tribunal) to disburse the compensation awarded to the accident victim’s widow and children. For the purpose, they were asked to execute an indemnity bond that they would be solely responsible for consequence in case some other legal representatives (LRs) staked a claim in the share in future. Terming the dispute as “unnecessary”, Justice Monga also appreciated the assistance rendered in resolving it by amicus curiae or the friend of the court, advocate Amit Sharma.

The case has its genesis in a claim petition filed before the Tribunal, which was allowed and Rs 4 lakh was ordered to be shared between the petitioner-widow, children and parents of victim-Devender Kumar.

In fact, Rs 30, 000 each were ordered to be released to the parents, though they were not claimants in claim petition. The petitioners then filed an execution application before the Tribunal. An application was also filed for impleading them as the LRs of the parents following their death during the pendency of the claim.

Justice Monga asserted: “It appears that the application was opposed by respondent-Railways merely for the sake of it without there being any material otherwise for them to oppose that there are other surviving legal heirs. Merely on the basis of bald denial that there are other LRs and therefore, application ought to be dismissed, the averments were accepted and application was dismissed (vide the impugned order).”

Justice Monga added it was rather frivolous, as has been observed by the Tribunal, that the petitioners had not produced any document to show that they are the only dependents of the deceased parents.

Setting aside the impugned orders, Justice Monga directed the disbursement of the compensation amount after the execution of the indemnity bond in the same proportion as determined by the Tribunal, along with interest as awarded by it.

Disposing of the plea, Justice Monga directed the amount to be deposited in the bank accounts, if the minor children had turned major. The interest earned on the amount, if any, was also directed to be disbursed to the claimants/LRs.

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