Gandas S/O Hiramal (Caste) Barela ... vs Union Of India, Thr. General ...
2021 Latest Caselaw 86 Bom

F.A.1360.2017.                                                                                           1/2


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 NAGPUR BENCH, NAGPUR

                             Civil Application (CAF) No.1569 of 2020
                                                 IN
                                 First Appeal No.1360 of 2017 (D)

      Gandas S/o. Hiramal & Ors. Vs. Union of India thr. General Manager Central Railway
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                 Ms. S.V. Salwankar, Advocate for the Appellants.
                 Shri R.G. Agrawal, Advocate for the Respondent-Sole.

                                 CORAM : S.M. MODAK, J.

DATE : 4th JANUARY, 2021.

Heard learned Advocate Ms. S.V. Salwankar for the appellants and learned Advocate Shri R.G. Agrawal for the respondent- sole.

2. This Court has decided the First Appeal No.1360/2017 as per the judgment dated 16th March, 2018, at that time Rs.4,00,000/- was a statutory compensation with interest. Accordingly, this Court directed disbursal of Rs.2,00,000/- amongst appellant Nos.1 to 3. Rest of the amount was directed to be deposited in fixed deposit.

3. Later on, on the basis of the judgment of Hon'ble Apex Court in case of Union of India Vs. Rina Devi reported in AIR 2018 SC 2362, the enhanced amount as per the notification was made applicable to untoward incident which took place prior to date of notification. Accordingly, this Court as per the order dated 18 th October, 2019 directed the Union of India to deposit Rs.2,95,726. They have deposited the amount with Railway Claims Tribunal, Nagpur.

F.A.1360.2017. 2/2

4. Now, the claimants want withdrawal of an amount of Rs.2,95,726. During the arguments, it is submitted that the appellants have not withdrawn Rs.5,04,274 as observed in para 5 in the order dated 18th October, 2019.

5. There are two issues. One is immediate withdrawal and second is amount to be deposited in fixed deposit. For deciding it, it is necessary to know from the Railways Claims Tribunal, Nagpur how much exact amount is deposited and how much amount remains.

6. Hence, call report from Railway Claims Tribunal, Nagpur about deposit of the total amount with them by the Union of India and withdrawal by the claimants, if any. The Union of India to assist the Tribunal in sending the report as early as possible.

7. The matter be kept on 13th January, 2021.

JUDGE

vijay