Mumbai: In a display of legal leniency with a human touch, the Railway Claims Tribunal, presided over by Judicial Member Alok Upasani, allowed premature withdrawal of compensation amounts in two separate accident cases, considering the financial needs associated with upcoming family weddings.
In orders passed on April 15, the tribunal permitted the applicants in both cases to withdraw a portion of their compensation, which had been invested under annuity schemes, to meet marriage-related expenses.
The tribunal observed that since marriage is a special and significant occasion in one’s life, it often involves unavoidable extra expenditure, and thus merited a considerate approach.
In the first case, applicant Shankar Jatha Raut had been awarded Rs 8 lakh in 2023 after his wife tragically fell from a train in 2018. Of the total compensation, half was disbursed to Shankar, while the remaining was invested under an annuity scheme, with monthly payouts of Rs 10,000 to the family.
However, with his daughter Khushbu Kumari’s wedding scheduled for April 2025, Shankar approached the tribunal seeking premature withdrawal of a portion of the balance amount.
In his application, he stated, “Since Khushbu’s mother is no more, she has been raised solely by her father and brother. Her marriage is a significant occasion, and extra expenses are unavoidable.” The tribunal accepted the request, allowing partial withdrawal.
In the second case, Bala Bhagwane, wife of deceased applicant Ramcharan Bhagwane, was granted Rs 8 lakh compensation after the death of her child. While Rs 80,000 was paid directly to Bala, Rs 7.2 lakh was invested in an annuity scheme. Bala filed an application to withdraw Rs 2 lakh to meet expenses for her son Ajit’s wedding, scheduled for May 9, 2025.
The tribunal, after verifying the marriage invitation card submitted along with the application, ruled in Bala’s favor. “In normal circumstances, premature withdrawal defeats the very purpose of such provisions. However, considering the special occasion and the expenses involved, the tribunal is inclined to take a lenient view,” the order stated.
In both cases, the tribunal emphasized that while the structured investment of compensation aims to provide long-term financial security, exceptions can be made when justified by compassionate grounds such as marriage.
