Union Of India vs Charandevi Puransinh Kuswaha
2023 Latest Caselaw 4994 Guj

     C/FA/4256/2019                              ORDER DATED: 28/06/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/FIRST APPEAL NO. 4256 of 2019
                                 With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                   In R/FIRST APPEAL NO. 4256 of 2019
==============================================================
                             UNION OF INDIA
                                  Versus
                      CHARANDEVI PURANSINH KUSWAHA
==============================================================
Appearance:
MS ARCHANA U AMIN(2462) for the Appellant(s) No. 1
UNSERVED EXPIRED (R) for the Defendant(s) No. 1
==============================================================

 CORAM:HONOURABLE MR. JUSTICE BHARGAV D. KARIA

                             Date : 28/06/2023

                              ORAL ORDER

1. Heard learned advocate Mr.Manish Malaviya

for learned advocate Ms.Archana U. Amin for

the appellant/applicant and learned advocate

Mr.P.J.Mehta for the respondent.

2. This appeal is filed against the original

claimant Charandevi Puransinh Kuswaha in whose

favour the claim of Rs.4,00,000/- was passed

by the tribunal by the impugned judgment and

award dated 12.03.2019.

C/FA/4256/2019 ORDER DATED: 28/06/2023

3. During the pendency of this Appeal,

Chandradevi has expired on 24th September,

2019.

4. Learned advocate Mr.Manish Malaviya for

the appellant submits that in view of the

provisions of Section 123(b) of the Railways

Act, 1989, the legal heirs are not required to

be brought on record in view of the death of

the only claimant-Chandradevi.

5. It is not in dispute that the Chandradevi

was living when the impugned judgment and

award was passed and therefore, refusal on

part of the appellant to bring legal heirs on

record is not tenable because the legal heirs

of the defendant would continue to have the

same rights qua the award made by the Railway

Claims Tribunal.

C/FA/4256/2019 ORDER DATED: 28/06/2023

6. In view of the refusal of the appellant to

bring legal heirs of late Chandradevi, this

Appeal would abat and is accordingly

dismissed. Rule is discharged.

7. In view of the dismissal of the main

matter, the Civil Application stands disposed

of.

(BHARGAV D. KARIA, J)

PALAK