High Court of Punjab and HaryanaCR/1706/2020allowed

Mohan Lal v. Union Of India

2020-03-13Mrs. Justice Alka Sarin2 pages

YOGESH SHARMA 2020.03.17 13:27 I attest to the accuracy and integrity of this document CR-1706-2020

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CR-1706-2020 Date of decision : 13.03.2020 Mohan Lal ... Petitioner

Versus

Union of India ... Respondent

CORAM:

HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. Narender Kaajla, Advocate for the petitioner.

**** ALKA SARIN, J. (ORAL) The present revision petition has been filed on the limited ground i.e. for modification of order dated 29.07.2019, vide which the Railway Claims Tribunal, Chandigarh (hereinafter referred to as 'the Tribunal'), has ordered 25% of the amount awarded to be released to the petitioner in cash and rest of the amount has been put in annuity scheme, whereby monthly amount of `8333/- has been ordered to be released to the petitioner.

The claimant before the Tribunal was the father of the deceased who is 63 years of age.

It has been contended by learned counsel for the petitioner that there is absolutely no ground made out for not handing over the entire amount awarded to the petitioner.

Notice of motion.

YOGESH SHARMA 2020.03.17 13:27 I attest to the accuracy and integrity of this document CR-1706-2020 Mr. Karminder Singh, Standing Counsel, has put in appearance on behalf of the respondent-Union of India and has relied upon the judgment of the Apex Court rendered in Civil Appeal Nos.2476-2477 of 2019 titled as M.R. Krishna Murthi V/s The New India Assurance Co. Ltd. and others, decided on 05.03.2019. He contends that the annuity deposit scheme has been implemented to ensure that the compensation is delivered to the right persons for whom it is meant.

In the present case, it is an admitted fact that the claimant is the father of the deceased and he is 63 years of age. There is absolutely no conceivable ground to deny the release of the amount to the petitioner. In view of the above, I accept the present revision petition and the impugned order dated 29.07.2019 passed by the Tribunal is modified to the extent that the entire amount shall be released to the petitioner forthwith. ( ALKA SARIN ) JUDGE 13.03.2020 Yogesh Sharma Whether speaking/reasoned Yes/ No Whether Reportable Yes/ No