The Union Of India, General ... vs Ashok Vyankoba Kolhawar And 3 Ors
2023 Latest Caselaw 9352 Bom

                                                  1                         61.fa.530.2010

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

                      FIRST APPEAL NO. 530 OF 2010
                              The Union of India
                                    VS.
                   Shri Ashok Vyankoba Kolhawar and others
 _______________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
          Mr N. S. Deshpande, DSGI a/w. Mr N. P. Lambat, Advocate the appellant
          None for the respondents.


                          CORAM : G.A. SANAP, J.

DATE : SEPTEMBER 06, 2023.

Heard.

2. Learned Deputy Solicitor General of India appearing for the appellant seeks leave to withdraw the appeal. Learned Advocate for the respondents is absent.

3. By impugned judgment and award the compensation of Rs.4,00,000/- with interest @ of Rs.7 % p.a. was awarded. In this appeal, the notification issued by Ministry of Railways (Railway Board) dated 22.12.2016 will be applicable. Moreover, in view of the decision of the Hon'ble Apex Court in the case of Union of India .v/s. Radha Yadav, reported in, (2019) 3 SCC 410 as well as the decision of the Apex Court in the case of Union of India .v/s. Reena Devi, reported in, AIR 2018 SC 2362, the 2 61.fa.530.2010

respondents would be entitled to get the maximum amount of Rs.8,00,000/- by way of compensation if the compensation already awarded with interest is less than Rs.8,00,000/- on the date of the award. In this case, the respondents would be entitled to get the compensation of Rs.8,00,000/- in as much as the compensation awarded with interest would be less than Rs.8,00,000/-.

4. The respondents are therefore entitled to get total compensation of Rs.8,00,000/- from the appellant. They shall not be entitled to get interest on the amount. The entitlement of the respondents to get share in the amount of compensation shall be as directed by the Tribunal. The appellant is directed to deposit the amount of compensation within four months from today.

5. The appeal stands disposed of, as withdrawn.

(G. A. SANAP, J.)

Namrata

Signed by: Miss Namrata Suryawanshi Designation: PA To Honourable Judge Date: 08/09/2023 11:15:24