Mr. Abdul Hafiz S/O Islam Khan And ... vs Union Of India Through General ...
2023 Latest Caselaw 10805 Bom

2023:BHC-AS:31453

                                                                              39-IA-664-2016.doc




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION

                                    FIRST APPEAL NO. 664 OF 2016
                                              WITH
                               INTERIM APPLICATION NO. 14620 OF 2023

                    Mr. Abdul Hafi s/o Islam Khan and Anr.           ...Appellant
                         Versus
                    Union of India through General Manager           ...Respondent

                    Mr. Ashif Husain i/by Hashim Husain for Appellant.
                    Mr. T. J. Pandian a/w T. C. Subramanian, Mr.Gautam
                    Modanwal for Respondent-UOI.



                                           CORAM   : NITIN B. SURYAWANSHI, J.

                                           DATE    : 18th OCTOBER 2023

                    PC.:

                    1.     Heard.

                    2.     Admit.

3. With the consent of parties, matter is taken up for fnal

hearing. Claim fled by appellants before the Railway Claims

Tribunal, Mumbai on account of death of their son Parvei

Khan in an accident while travelling from Malad to

Churchgate has been rejected by the tribunal on the sole

ground that appellants failed to prove their relationship with

deceased.

4. Appellants by fling Interim Application No. 14620 of

2023 placed on record copies of birth certifcate of deceased

D.A.ETHAPE P.A. .... 1

39-IA-664-2016.doc

Parvei Khan son of Abdul Hafi Khan, school leaving

certifcate of the deceased and other relevant certifcate. It is

the contention of appellants that after the death of their son

they went to their native place at village Sabada Tehsil and

District - Banda, Uttar Pradesh and there they had misplaced

their mobile phone due to which they were unable to contact

advocate representing them before the Railway Claims

Tribunal. In the month of May 2015, when appellants

returned to Mumbai, they met their advocate at that time

they were informed that their claim application is dismissed

as they failed to establish relationship with deceased.

5. Learned Advocate for Respondent opposed the First

Appeal stating that in spite of having suffcient opportunity,

appellants have failed to establish their relation with the

deceased and therefore the tribunal is justifed in rejecting

their claim. He submits that there is no merit in the appeal

and appeal may be dismissed.

6. Since substantive claim of appellants is rejected only on

the ground that appellants failed to establish their

relationship with the deceased, in the interest of justice,

appellants deserve opportunity to prove their relationship

with deceased and establish their claim on merits.

 D.A.ETHAPE P.A.                                                              .... 2





                                                               39-IA-664-2016.doc




 7.      Hence, the following order:-

 (i)     Impugned Judgment dated 2nd March 2015                     of the

Railway Claims Tribunal is quashed and set aside.

(ii) Claim Application No.OA(IIu)/MMC/2012/0324 is

remanded back to the Railway Claims Tribunal.

(iii) Railway Claims Tribunal shall allow appellants to lead

evidence to establish their relationship with deceased Parvei

Khan and then shall decide the claim on its own merits,

within a period of six months from the date of receipt of this

order.

(iv) Appeal is allowed in the above terms.

(v) Interim Application stands disposed off.

                                    (NITIN B. SURYAWANSHI, J.)




 D.A.ETHAPE P.A.                                                      .... 3