RAILWAY CLAIMS TRIBUNAL,MUMBAI BENCH
180/P, DEMELLO ROAD, 19/T WIG-WAM
MUMBAI-400001

BEFORE THE LOK ADALAT

RAILWAY CLAIMS TRIBUNAL,MUMBAI BENCH

Claim Application No. OA(IIu)/MCC/0055/2020

Heldon: 14^th December, 2024

Coram :ShriK KSonawane, Hon?ble Vice Chairman ( Judicial )

1.  Mohd. Sharif Mohd. Ramzan Khan

2.   BanoBegamMohd.Sharif Khan

3.   NamiraMohd.Sharif Khan

4.   JeniyaMohd.Sharif Khan

5.   HamimMohd.Sharif Khan

-Applicant

V/s

Union of India, through ? GeneralManager, 

Western Railway                                                                            -Respondent

AWARD

The parties appeared before the Lok-Adalat held on 14^thDecember, 2024 and have mutually agreed to settle the dispute amicably in OA(IIu)/MCC/0055/2020 filed for compensation on account of death of ShabazMohd.Sharif Khan.

Accordingly, the parties filed consent term and referred the matter foraward. The Respondent admitted the factual aspect that the deceased was abonafide passenger and alleged incident causing the death/injury of thedeceased, was an untoward incident.

After due verification and deliberation of all the documents filed onrecord in OA(IIu)/MCC/0055/2020 and the pleading of the Applicant, theRespondent agreed that the Applicants are entitled to receive the compensationas per Railway Act, 1989. Hence, following award:

a)                    The Claim Application filed under section 16of Railway claims Tribunal Act 1987, r/w Section 123 and 124-A of Railway Act,1989, is hereby allowed.

b)                    The respondent shall pay Rs. 8,00,000/-(Rupees Eight Lakh only) plus interest  @9% per annum  to the Applicant from thedate of accident till the date of award as compensation.

c)                     The Respondent shall deposit entire amount ofaward in the office of Additional Registrar, RCT Mumbai within 30 days from thedate of receipt of this order.

d)                    In case of default in payment within thestipulated period of 30 days as referred above, the Respondent shall pay thefurther interest @9% per annum from the date of receipt of this order till thedate of deposit of payment in RCT.

e)                As per the guidelines delineatedby the Ministry of Railways (Railway Board) vide notification dated 3^rdJune, 2020 under GSR 347 (E) which came into effect from 1^st day ofJanuary, 2020, after considering the status of the Applicant and to protect theamount from being frittered away, the amount of Rs. 8,00,000/- (Rupees EightLakh only) plus accrued interest shall be disbursed in the following manner:

i)                  Applicant No. 1 Mohd.Sharif Mohd. Ramzan Khanbe permitted towithdraw an amount of Rs. 50,000/- (Rupees Fifty Thousand only) and ApplicantNo.3 NamiraMohd. Sharif Khan, Applicant No. 4 JeniyaMohd. Sharif Khan andApplicant No. 5 HamimMohd. Sharif Khan be permitted to withdraw an amount ofRs. 25,000/- (Rupees Twenty Five Thousand only) each from their Saving BankAccount through NEFT/RTGS, from the total awarded compensation amount of Rs.8,00,000/- (Rupees Eight Lakh only) plus interest @ 9% per annum to the Applicant as acompensation from the date of incident till the date of award.

ii)                 The balance amount of Rs6,75,000/- (Rupees SixLakh Seventy Five Thousand only) plus interest if any accrued till date, bekept in the name of Applicant No.1 Mohd. Sharif Mohd. Ramzan Khan, ApplicantNo. 2 BanoBegamMohd. Sharif Khan, Applicant No. 3NamiraMohd. Sharif Khan,Applicant No. 4JeniyaMohd. Sharif Khan and Applicant No. 5 HamimMohd. SharifKhan in FDR account in any Nationalized Bank located nearer to thepermanent residential address of Applicant, in the manner described below.

After maturity, the entire amount of FDR, includinginterest, if any, shall be credited in the Individual Savings Account of theAwardee, withoutany further reference to this Tribunal.

iii)                  The Claimants are directed to open anindividual Savings Bank Accounts in any Nationalized Bank located nearer to theplace of permanent residence of Applicant no. 1. This Savings Accounts will belinked with Annuity (term) Deposit Account on similar line as of MACAD (MotorAccident Claim Annuity (Term) Deposit Account).

iv)          The Bank is hereby directed not to permitany joint name(s) to be added in the Savings Bank Accounts or Fixed DepositAccounts of the Applicants i.e. the Savings Bank Accounts of the Applicantsshall be an individual Savings Bank Account and not a Joint Account. Theconcerned Bank is further directed not to issue any Cheque Book and/or DebitCard in the name of Applicant for the above referred S.B. account. If the sameare issued, the concerned Bank authority is directed to take step tocancel/revoke the same before making any payment of awarded amount to theApplicant. Moreover, the concerned Bank shall take care for not issuing anyDebit Card relating to above referred S.B. account of the Applicant by anyother branch of the Bank. The Bank shall put an endorsement on the Passbookissued in favour of Applicant to the effect that no Cheque Book and/or DebitCard shall be issued to the Claimants without the permission of this Tribunal.

v)                     The concerned Bank of the Claimants isdirected to permit the Claimants to withdraw money from their Savings BankAccounts by means of a withdrawal form only. The Claimants are directed toproduce the copy of this order before the concerned Bank for requisiteendorsement in the Passbooks.

vi)                 The FDR/MACAD, the Original Fixed Depositsreceipts shall be retained by the Bank in safe custody. However, the statementcontaining FDR number, FDR amount, date of maturity and maturity amount shallbe furnished by Bank to the Applicants. The maturity amount of the FDR?s becredited by ECS in the Savings Bank Accounts of the Applicant operated in thenationalised Bank located nearer to the place of permanent residence ofApplicant No. 1.

vii)             The Bank shall not grant any loan, advance,withdrawal or pre-mature discharge on the Annuity Deposits without permissionof this Railway Claims Tribunal.

viii)               The Claimants are directed to produce theoriginal Bank Passbook with the necessary endorsement as well as Aadhaar Cardand PAN Card before the Additional Registrar, RCT, Mumbai. The ADR shall takethe following documents on record from the Claimants before releasing theawarded amount for disbursement as mentioned above.

(a)          Details of the Bank Accounts of the Claimants near  to the place of their permanent residencewith necessary endorsement. 

(b)         Aadhaar Card and PAN Card or any other appropriate ID card;and
(c)      Twosets of photographs and specimen signatures of the  Claimants.

ix)                  There shall be no order as to cost.

x)                      The certified copy of this judgment be givento Applicants free of cost.

xi)                  Accordingly,the application stands disposed off in above terms. 

                                                                                           (Kishor.K.Sonawane)

                                                                                         Vice Chairman (Judicial)