Shri. Palanichamy Karuthar Dewar ... vs Union Of India Through The General ...
2022 Latest Caselaw 13565 Bom

                                                                        37-FA-622-2018.doc


                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                        CIVIL APPELLATE JURISDICTION

                                         FIRST APPEAL NO. 622 OF 2018

                      SHRI. PALANICHAMY KARUTHAR DEWAR              )
                      AND ANOTHER                                   )...APPELLANTS

                               V/s.

                      UNION OF INDIA THROUGH THE GENERAL )
                      MANAGER                            )...RESPONDENT

                      Ms. Anita Gavkar i/b. Ms. Vaneet Khosla, Advocate for the
                      Appellants.
                      Mr. Dheer Sampat i/b. Mr.T.J.Pandian, Advocate for the
                      Respondent-Union of India, Railway.

                                         CORAM      :    ABHAY AHUJA, J.

                                         DATE       :    23rd DECEMBER 2022

                      P.C. :


                      1        This is an appeal impugning the judgment and award dated

22nd December 2017 passed by the Railway Claims Tribunal in

Original Application No. 408 of 2012 rejecting the claim made by

the appellants.

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ARTI VILAS
KHATATE
Digitally signed by
ARTI VILAS KHATATE
Date: 2022.12.23
17:18:18 +0530
                                                     37-FA-622-2018.doc


2     Ms. Gavkar, learned counsel for the appellants, would

submit that the Tribunal has erred in holding that the incident is

not covered within the term "untoward incident" as defined under

Section 123(c)(2) of the Railways Act and despite the fact that he

was holding a valid journey ticket and did travel by the local train,

the claim has been rejected.

3 Having heard the learned counsel for the appellant, issue

notice to the respondent, returnable on 20th January 2023.

4 Mr. Dheer Sampat, learned counsel for the respondent,

waives service of notice on behalf of the respondent.

5 In the meanwhile, Registry is directed to call for the Record

and Proceedings in the matter.

6 List the appeal on 20th January 2023.

                                    (ABHAY AHUJA, J.)


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