Mehrun Khatuni v. The Union of India

ORDER Date : 10 .05. 2024 Heard Mr. J. Kalita, learned counsel for the appellant and Ms. R. Devi, learned counsel for the respondent/ the Union of India. This is an appeal under Section 23 of the Railway Claims Tribunal Act, 1987. In original OAIIu-61/2022, the Tribunal awarded a compensation of Rs. 8,00,000/- to Page No.# 2/2 the present appellant alongwith interest of 9% per annum. Thereafter, the Tribunal directed that an amount of Rs. 7,00,000/- out of the aforesaid amount of Rs. 8,00,000/- shall be kept in fixed deposit and only Rs. 1,00,000/- was directed to be disbursed in favour of the appellant. Today, after hearing the learned counsel for both the parties, this Court is of the opinion that the impugned order of the Tribunal amounts to denial of the payment of compensation. On this ground only, the impugned order of the Tribunal is modified. The Tribunal is directed to pay the entire amount of Rs. 8,00,000/- alongwith 9% interest without any riders to the appellant. With the aforesaid direction, the appeal stands disposed of. JUDGE Comparing Assistant

Page No.# 1/2 GAHC010172582023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : MFA/64/2023 MEHRUN KHATUNI W/O LATE HAFIJ UDDIN, RESIDENTOF VILLAGE ABDULLAHPUR WARD NO. 11, PO SADAPUR, PS BALIYA BELOWN BHAUNAGAR, 855113, DIST KATHIHAR, BIHAR, PRESENTLY RESIDING AT NIZ KATHIATOLI, PS KAMPUR, DIST NAGAON, ASSAM VERSUS THE UNION OF INDIA REPRESENTED BY THE GENERAL MANAGER, NF RAILWAY,MALIGAON, Advocate for the Petitioner : MS J KALITA Advocate for the Respondent : SC, NF RLY BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA