Mr. Popat Shrirang Nikam And ANR. v. Union Of India, Through General Manager, Central Railway

2895-21-IA=.doc Uday S. Jagtap

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2895 OF 2021 IN FIRST APPEAL NO. 1083 OF 2018 Popat Shrirang Nikam and Anr.

.. Applicants Vs.

Union of India, through General Manager, Central Railway, CSMT, Mumbai .. Respondent .....

Mr. Vasant More for the applicants Mr. T.J. Pandian for the respondent CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 28th OCTOBER, 2021 (In Chambers at 3.00 p.m.) P.C.

1.

This praecipe is moved seeking modification in the order dated 29th April, 2021 passed by this Court in First Appeal No. 1083 of 2018 by contending that the Additional Registrar of the Railway Claims Tribunal has refused to disburse the amount to the claimants on the ground that proportionate share of respective appellants has not been clarified. 2.

When asked as to whether such objection had been communicated in writing, to which, the learned Counsel submits that it was an oral objection raised by the Additional Registrar, Railway Claims Tribunal.

Digitally signed by UDAY SHIVAJI JAGTAP Date:

2021.10.28 16:58:31 +0530 UDAY SHIVAJI JAGTAP

2895-21-IA=.doc 3.

The operative part of the order dated 29th April, 2021 stands modified as follows :-

ORDER

(i) The appeal is allowed.

(ii) The respondent - Railway shall disburse the amount of compensation to each of the appellants in a proportion of 50% within a period of one week from today, either by RTGS and / or NEFT.

(iii) Rest of the order shall remain as it is. 4.

The application is disposed of.

(PRITHVIRAJ K. CHAVAN, J.)