- (1.) Learned counsel for the petitioners submits that an application was moved before the Railway Claims Tribunal for release of the entire amount deposited in the FDRs which was rejected by the Tribunal. Learned counsel submits that an award was passed for a sum of Rs.8 lac, out of which, the amount of Rs.2 lac was released while Rs.6 lac was deposited in the FDRs.
(2.) Learned counsel for the petitioners has relied on the judgment of Punjab & Haryana High Court passed in FAQ 2037/2019, Amarjeet Singh Vs. Union of India and connected matters, decided vide judgment dated 4th September, 2019 wherein the Punjab & Haryana High Court following the earlier judgment directed the Tribunal to release the amount to the major/adults forthwith. The order was passed and the observations were also made regarding one earlier judgment in Asraf Vs. Motor Accidents Claims Tribunal, Gurgaon, reported in 2007 (4) RCR (Civil) 301 that Tribunal has no jurisdiction to order for depositing the amount of compensation in Fixed Deposit in the case where the claimant is major.
(3.) This court in the case of Nijamuddin and Ors. Vs. Shaukat & Ors., SB Civil Writ Petition No.15888/2018, decided vide its order dated 4th September, 2018 has made the following observations: "Accordingly in relation to the cases of persons who have attained majority, this Court is of the opinion that the persons who have attained majority and who are literate and are able to take decision relating to their future, the Tribunal ought not insist on getting the amount deposited in fixed deposits and it should be left for the concerned claimant to take his own decision relating to the investment of the amount of compensation awarded in the manner which he may like to do. The Tribunal may, however, fix certain portion of the compensation awarded in fixed deposits up to the extent of 40% in relation to the claimants who are widows and and children. This would be in tune with the judgment passed by the Apex Court in the case of General Manager, Kerala State Road Transport Corporation Trivandrum Vs. Susamma Thomas and Ors.: AIR 1994 SC 1631." ;