Bombay High Court
Smt. Julaikha Bashir Momin vs Union Of India Through General ... on 23 December, 2021
Bench: P. K. Chavan
678-2017-FA-Jud=.doc
Uday S. Jagtap
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 678 OF 2017
Smt. Julaikha Bashir Momin
Aged 57 years, (Mother of original
applicant - Farman Bashir Momin)
R/at Trishul Building, Block No.11,
Kotali, Mahad A/p.& Tal. Mahad.
Dist. Raigad .. Appellant
Vs.
Union of India,
Through General Manager,
Konkan Railway, Having his office
at Plot No. 6, 4th Floor, Belapur Bhavan,
CBD Belapur, Navi Mumbai - 400 014 .. Respondent
.....
Mr. Balasaheb Deshmukh i/b Mr. Deepak T. Ajagekar for the
appellant
Ms. Shristi B. Shetty i/b M.V. Kini and Co. for the respondent
CORAM : PRITHVIRAJ K. CHAVAN, J.
RESERVED ON : 22nd DECEMBER, 2021.
PRONOUNCED ON : 23rd DECEMBER, 2021.
JUDGMENT :-
1. By this appeal, the appellant Smt. Julaikha Bashir Momin
has challenged an order dated 20.09.2016 passed by the
Railway Claims Tribunal, Mumbai in Original Application No.
1557 of 2012 rejecting their application for bringing legal
representatives of the deceased - original claimant on record.
Digitally signed
UDAY by UDAY
SHIVAJI
SHIVAJI JAGTAP
Date:
JAGTAP 2021.12.23
15:41:20 +0530
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2. Briefly stated the facts are as follows :-
3. Injured Farman Bashir Momin along with his brother Aslam
Bashir Momin and cousin ADIL Amir Momin boarded
Mumbai-Madgaon Konkan Kanya Express from Mumbai
C.S.T. on 09.04.2012 to go to Mangaon Railway Station. On
10.04.2012, when the train reached Mangaon Railway
Station around 3.00 p.m. and the applicant was alighting
from the train, he suddenly fell down into the gap between
train and the platform, mainly due to the rush in the
compartment and pushed by the crowd of the passengers.
He sustained several injuries to both of his legs and other
parts of the body.
4. The claim application was filed by Farman Bashir Momin on
27.11.2012 before the Claims Tribunal for compensation of
Rs.4 lakhs with interest @ 18% under the provisions of the
Railways Act, 1989.
5. After a written statement by respondent, issues were framed
and affidavit in lieu of evidence was filed on 29.06.2015.
6. However, during the pendency of the application, Farman
Bashir Momin expired on 04.07.2015. The present appellant
filed an Original Application No.1557 of 2012 on 15.06.2015
for bringing legal representatives of the deceased on record
inter alia an application seeking condonation of delay.
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7. Heard Mr. Deshmukh, learned Counsel for the appellant. It
appears that the delay was of 8 months and 11 days to bring
legal representatives on record. It is a matter of record that
affidavit-in-lieu of examination-in-chief was filed by Farman
Bashir Momin on 29.06.2015 and he died on 04.07.2015.
The evidence was not closed by that time. The matter was
fixed for recording further evidence. However, due to the
death of Farman Bashir Momin, the Counsel could not
contact him. It is submitted that due to the untimely death
of Faraman Bashir Momin, the entire family was in shock and
grief. Even his father had a mental stress and was in
depression, who also died on 26.04.2016. Due to sudden
death of the father of Farman Bashir Momin, the family
which was already in grief undergone tremendous mental
stress and agony. The present appellant, therefore, was not
in a proper frame of mind and, therefore, she could not
contact her advocate to file an application for substitution of
her name, within the time prescribed.
8. It is only after receiving a letter from the advocate in the
name of Original Applicant, the appellant came to know
about the status of the claim application.
9. On the other hand, Ms. Shetty, the learned Counsel for the
respondent - Railway objected the prayer of the appellant on
the ground that the deceased had filed his evidence on
28.06.2016 by appearing in the Tribunal. It appears that
there is some misunderstanding of the learned Counsel for
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the respondent - Railway for the reason that the copy of the
affidavit of Farman Bashir Momin, which is filed along with
the paper book at page 41, indicates that the affidavit of
evidence qua Farman Bashir Momin was filed on 29.06.2015
and not on 28.06.2016. The seal and signature of the Notary
beneath the affidavit as well as the seal and signature of the
Assistant Registrar of Claims Tribunal, Mumbai and the
signature of the learned Counsel Mr. Deepak Ajagekar
substantiate the said fact.
10. This being a social legislation for the benefit of the
unfortunate victims of railway accident, a pragmatic
approach will have to be taken and the delay which has been
properly explained needs to be condoned. The impugned
order suffers from want of proper reasons, which are quite
cryptic and without application of mind.
11. For all these reasons, the order impugned needs to be set
aside.
12. Now, to the order :-
ORDER
(i) The appeal is allowed.
(ii) The impugned order passed by the Railway Claims
Tribunal, dated 20th September, 2016 is hereby set aside.
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(iii) The delay is condoned.
(iv) The appellant shall amend the application in claim
accordingly within 14 days from the date of receipt of this
order.
(v) After amending the application, amended copy be
furnished to the respondents.
(vi) The Tribunal shall proceed further to adjudicate the
claim of the appellant in accordance with law as
expeditiously as possible by giving due opportunity to the
respective parties.
(vii) The appeal is disposed of in the aforesaid terms.
(PRITHVIRAJ K. CHAVAN, J.)
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