RAJENDRA PRASAD PULLU PAL 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/24/2020 Date of Judgement: 14/Dec/2024 RAJENDRA PRASAD PULLU PAL ............Applicant Versus Union of India GM CR/CENTRAL ............Respondent BEFORE THE LOK ADALAT RAILWAY CLAIMS TRIBUNAL, MUMBAIBENCH Claim ApplicationNo.

OA (IIu)/MCC/24/2020 Held on: 14th December, 2024 Coram: Shri K.

K.

Sonawane,Hon?ble Vice Chairman ( Judicial ) 1.

Mr.Rajendra Prasad Pullu Pal -Applicant V/s Union of India, through ?

GeneralManager, Central Railway -Respondent Present: Mr.

D.

S.

Kulkarni - Ld.

Counsel for the Applicant Ms.

Nanda Kamble - Ld.

Counsel for the Respondent AWARD The parties appeared before the Lok-Adalat held on 14thDecember, 2024 and have mutually agreed to settle the dispute amicably in OA(IIu)/MCC/24/2020 filed for compensationon account of injury of Mr.

Rajendra Prasad Pullu Pal.

Accordingly, the parties filed consent term and referred the matter foraward.

The Respondent admitted the factual aspect that the injured was abonafide passenger and alleged incident causing the injury of the applicant,was an untoward incident.

After due verification and deliberation of all the documents filed on record in OA(IIu)/MCC/24/2020 and thepleading of the Applicant, the Respondent agreed that the Applicant is entitledto receive the compensation as 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.

80,000/- (RupeesEighty Thousand only) for non schedule injuries plus interest @ 9% per annum tothe Applicant from the date of accident till the date of award as acompensation. 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.

80,000/-(Rupees Eighty Thousand only) plus accrued interest shall be disbursed inthe following manner: i) Applicant Mr.

Rajendra Prasad Pullu Pal be permitted towithdraw an amount of Rs.

30,000/- (Rupees Thirty Thousand only) from hisSaving Bank Account through NEFT/RTGS, from the total awarded compensationamount of Rs.

80,000/- (Rupees Eighty Thousand only) plus interest @ 9% perannum to theApplicant as a compensation from the date of incident till the date of award. ii) The balanceamount of Rs 50,000/- (Rupees Fifty Thousand only) plus interest if any accrued till date,be kept in the name of Applicant FDRaccount in any Nationalized Bank located nearer to the permanent residentialaddress of Applicant, 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.

Mr.

Rajendra Prasad Pullu Pal Rs.

30,000/- (Rupees Thirty Thousand only) Rs 50,000/- (Rupees Fifty Thousand only) plus accrued pro-rata interest.

This amount will be kept in the form of Fixed Deposit for a period of 1 year. of 1 year.

After maturity, the entire amount of FDR, includinginterest, if any, shall be credited inthe Individual Savings Account of the Awardee, without any 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 permit anyjoint 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. pplicants.

The maturity amount of the FDR?s becredited by ECS in the Savings Bank Accounts of the Applicant operated in thenationalized 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 shalltake the following documents on record from the Claimants before releasing theawarded amount for disbursement as mentioned above. (a) Details of the BankAccounts of the Claimants near to the place of their permanent residence withnecessary endorsement. (b) Aadhaar Card and PANCard or any other appropriate ID card; and (c) Two sets of photographs and specimensignatures of the Claimants. ix) There shall be no order as to cost. x) The certified copy of this judgement be givento Applicants free of cost. xi) Accordingly,the application stands disposed off in above terms. (Kishor.

Sonawane) Vice Chairman (Judicial)