PUSHPA MADHAV LIHINAR vs GM CR

RCT SHOW JUDGEMENT This is an UNCERTIFIED copy for information/reference.

For authentic copy please refer to certified copy only.

In case of any mistake, please bring it to the notice of Registrar.

RAILWAY CLAIMS TRIBUNAL,MUMBAI BENCH 180/P, DEMELLO ROAD, 19/T WIG-WAM MUMBAI-400001 Case No: OA (II u)/MCC/156/2022 Date of Judgement: 14/Dec/2024 PUSHPA MADHAV LIHINAR ............Applicant Versus Union of India GM CR/CENTRAL ............Respondent .BEFORETHE LOK ADALAT RAILWAYCLAIMS TRIBUNAL, MUMBAI BENCH Claim Application No.

OA (IIu)/MCC/156/2022 Heldon: 14th December, 2024 Coram: Shri K K Sonawane, Hon?ble Vice Chairman (Judicial ) 1.

Pushpa Madhav Lihinar 2.

Kunal Madhav Lihinar 3.

Pratik Madhav Lihinar - Applicants V/s Union of India, through ?

GeneralManager, Central Railway -Respondent Present: Shri N R Shukla - Ld.

Counsel for the Applicant Ms.

Rupali Nayak - Ld.

Counsel for the Respondent AWARD The parties appeared before the Lok-Adalat held on 14thDecember, 2024 and have mutually agreedto settle the dispute amicably in OA (IIu)/MCC/156/2022 filed for compensation on account of death of MadhavDada Lihinar.

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 of the deceased, was anuntoward incident.

After due verification and deliberation of all the documents filed onrecord in OA(IIu)/MCC/156/2022 and the pleading of the Applicants, 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. pensation. 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 guidelinesdelineated by the Ministry of Railways (Railway Board) vide notification dated3rd June, 2020 under GSR 347 (E) which came into effect from 1stday of January, 2020, after considering the status of the Applicant and toprotect the amount from being frittered away, the amount of Rs.

8,00,000/-(Rupees Eight Lakh only) plus accrued interest shall be disbursed in thefollowing manner: 4.

Applicant No.

1 Pushpa Madhav Lihinarbe permitted to withdraw an amount of Rs.

40,000/-(Rupees Forty Thousand only) from her Saving Bank Account through NEFT/RTGS,from the total awarded compensation amount of Rs.

8,00,000/- (Rupees Eight Lakhonly) plus interest @ 9% per annum to the Applicant as a compensation from the date of incident till thedate of award. i) The balance amount of Rs.

7,60,000/- (RupeesSeven Lakh Sixty Thousand only) plus interest if any accrued till date, be keptin the name of Applicant No.1 Pushpa Madhav Lihinar, Applicant No.

2 KunalMadhav Lihinar and Applicant No.

3 Pratik Madhav Lihinar in FDR account in any Nationalized Bank located nearer to thepermanent residential address of Applicants, in the manner described below.

Name of the Applicant Amount To be paid to the Applicant(s) immediately by NEFT/RTGS.

Amount to be invested in Fixed/Annuity deposit scheme of nationalized bank and the amount to be disbursed.

Pushpa Madhav Lihinar Rs.

40,000/- (Rupees Forty Thousand only) Rs 3,60,000/- (Rupees Three Lakh Sixty Thousand only) plus accrued pro-rata interest in Annuity scheme on similar line as MACAD with monthly payment of Rs. ent of Rs.10,000/- (Rupees Ten Thousand only) till entire deposit amount is exhausted.

Kunal Madhav Lihinar NIL Rs 2,00,000/- (Rupees Two Lakhs only) plus accrued pro rata interest.

This amount will be kept in the form of Fixed Deposit for a period of 2 years.

Pratik Madhav Lihinar NIL Rs 2,00,000/- (Rupees Two Lakhs only) plus accrued pro rata interest.

This amount will be kept in the form of Fixed Deposit till he attains the age of majority.

After maturity, the entire amount of FDR, includinginterest, if any, shall be creditedin the Individual Savings Account of the Awardee, without any further reference to this Tribunal. ii) The Claimantsare directed to open an individual Savings Bank Accounts in any NationalizedBank located nearer to the place of permanent residence of Applicant no.

1.ThisSavings Accounts will be linked with Annuity (term) Deposit Account on similarline as of MACAD (Motor Accident Claim Annuity (Term) Deposit Account). iii) The Bank is hereby directed not to permit any jointname(s) to be added in the Savings Bank Accounts or Fixed Deposit Accounts ofthe Applicants i.e. the Savings Bank Accounts of the Applicants shall be anindividual Savings Bank Account and not a Joint Account.

The concerned Bank isfurther directed not to issue any Cheque Book and/or Debit Card in the name ofApplicant for the above referred S.B. account.

If the same are issued, theconcerned Bank authority is directed to take step to cancel/revoke the samebefore making any payment of awarded amount to the Applicant.

Moreover, theconcerned Bank shall take care for not issuing any Debit Card relating to abovereferred S.B. account of the Applicant by any other branch of the Bank.

TheBank shall put an endorsement on the Passbook issued in favour of Applicant tothe effect that no Cheque Book and/or Debit Card shall be issued to theClaimants without the permission of this Tribunal.

Tribunal. iv) The concernedBank of the Claimants is directed to permit the Claimants to withdraw money fromtheir Savings Bank Accounts by means of a withdrawal form only.

The Claimantsare directed to produce the copy of this order before the concerned Bank forrequisite endorsement in the Passbooks. v) The FDR/MACAD, the Original Fixed Deposits receipts shallbe retained by the Bank in safe custody.

However, the statement containing FDRnumber, FDR amount, date of maturity and maturity amount shall be furnished byBank to the Applicants.

The maturity amount of the FDR?s be credited by ECS inthe Savings Bank Accounts of the Applicant operated in the nationalised Banklocated nearer to the place of permanent residence of Applicant No.

1. vi) The Bank shallnot grant any loan, advance, withdrawal or pre-mature discharge on the AnnuityDeposits without permission of this Railway Claims Tribunal. vii) 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 Claimantsnear to the place of their permanent residence withnecessary endorsement. (b) Aadhaar Card and PAN Card or any otherappropriate ID card; and (c) Twosets of photographs and specimen signatures of the Claimants. viii) There shall be no order as tocost. ix) The certified copyof this judgement be given to Applicants free of cost. x) Accordingly, the application stands disposed off in aboveterms. (Kishor.

K.Sonawane) Vice Chairman (Judicial)