Case No. : Mfa/54/2023 vs Mamani Das And 4 Ors
2023 Latest Caselaw 2696 Gua

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GAHC010144502023




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : MFA/54/2023
         UNION OF INDIA
         REPRESENTED BY GENERAL MANAGER, NF RAILWAY, MALIGAON,
         GUWAHATI 781011

         VERSUS

         MAMANI DAS AND 4 ORS.
         W/O LATE GAUTAM CHANDRA DAS,
         RESIDET OF VILLAGE GERUAPARA, NALBARI, PS MUSALPUR, DIST
         BAKSA, ASSAM,

         2:SRI NIBIR DAS.
          S/O LATE GAUTAM CHANDRA DAS
          RESIDET OF VILLAGE GERUAPARA
          NALBARI
          PS MUSALPUR
          DIST BAKSA
         ASSAM

         3:SRI BARNIL DAS
          S/O LATE GAUTAM CHANDRA DAS
          RESIDET OF VILLAGE GERUAPARA
          NALBARI
          PS MUSALPUR
          DIST BAKSA
         ASSAM

         4:SMTI. ANIMA DAS
          MOTHER OF LATE GAUTAM CHANDRA DAS
          RESIDET OF VILLAGE GERUAPARA
          NALBARI
          PS MUSALPUR
          DIST BAKSA
         ASSAM
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           5:SRI KAILASH CHANDRA DAS
            FATHER OF LATE GAUTAM CHANDRA DAS
            RESIDET OF VILLAGE GERUAPARA
            NALBARI
            PS MUSALPUR
            DIST BAKSA
           ASSA

Advocate for the Petitioner : MR. K GOGOI
Advocate for the Respondent :


                                 BEFORE
                HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                       ORDER

17-07-2023 Heard Shri K. Gogoi, learned CGC, who has preferred this judgment and order dated 28.03.2023 passed by the learned Member (Technical) No. I, Railway Claims Tribunal, Guwahati Bench in Original Application No. OA (IIu)-02/2022.

By the aforesaid order, an amount of Rs.8,00,000 (Rupees Eight Lakh) with interest of 9% has been awarded as compensation to the claimants.

Shri Gogoi, the learned CGC has submitted that the award is erroneous as the deceased was not a bona fide person. He has also submitted that the body of the deceased was found inside the railway track.

Admit.

Call for the records.

Let steps be taken for service of notice upon the respondents by usual process as well as by registered post with A/D.

Steps by Wednesday.

JUDGE

Comparing Assistant