Bombay High Court
Chilo Devi Wd/O Nandu Parahiya And ... vs Union Of India, Through The ... on 19 June, 2021
Bench: S. M. Modak
3.FA.352.2018. 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Civil Application (CAF) No.314/2020
IN
First Appeal No.352/2015 (Decided)
Chilo Devi wd/o Nandu Parahiya & Ors. Vs. Union of India, through the General Manager,
Central Railway, Mumbai CST
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders
or directions and Registrar's orders.
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Shri Vivek Awchat, Advocate for the Appellants.
Shri N.P. Lambat, Advocate for the Respondent.
CORAM : S.M. MODAK, J.
DATE : 19th JUNE, 2021.
Hearing was conducted through Video Conferencing and
the learned Counsel agreed that the audio and visual quality was
proper.
Heard both the sides.
Read the direction No.(v) of the judgment dated 17 th
April, 2018 passed in First Appeal No.352/2018. The appellants were
held entitled to additional compensation of Rs.4,00,000/- depending
upon the outcome of the decision in Special Leave Petition (C)
No.006486/2018. The Hon'ble Supreme Court has decided the
Special Leave Petition (C) No.6486/2018. The claimants were held
entitled to get an amount of Rs.8,00,000/-.
There is no dispute about the entitlement of the
claimants for total compensation of Rs.8,00,000/-. Learned Advocate
Shri Lambat seeks three months' time to deposit that amount. Earlier,
the respondent has deposited an amount of Rs.5,45,973, and now,
Rs.2,54,027/- is outstanding. There is a request for disbursal of the
amount to appellant No.1-Chilo Devi and appellant No.5-Amrik
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Parahiya. There is also request to issue new direction rather than
continuing the directions given in the judgment dated 17 th April,
2018. Hence, the direction:
a) The respondent is directed to deposit an amount of
Rs.2,54,027/- within a period of three months from
today in this Court.
b) Issue about payment of interest, if any, on this excess
amount is kept open.
c) After deposit of the said amount, 25% be given to
appellant No.1-Chilo Devi and appellant No.5-Amrik
Parahiya each by transferring in their individual bank
account.
d) The remaining 50% be kept in fixed deposit of the
appellant No.2-Chhabindra Kumar Parahiya and
appellant No.3-Rambha Parahiya equally, and quarterly
interest be paid to appellant No.1.
e) The appellant Nos.2 and 3 are at liberty to file
application for withdrawal of the amount of their share
through their natural guardian.
f) The civil application is disposed of.
Civil Application (CAF) No.157/2019
The issue of payment of court fee is already decided by
the Full Bench of this Court.
In view of that, Registrar (Judicial) is directed to decide
3.FA.352.2018. 3/3
the prayer made in the application about the refund of the court fee
and to pass the necessary orders.
JUDGE
vijay
