Mr. Abdul Hafiz S/O Islam Khan And ANR. v. Union Of India Through General Manager,

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.

by ETHAPE DNYANESHWAR ASHOK Date: 2023.10.20 12:10:44 +0530

CORAM

: NITIN B. SURYAWANSHI, J.

DATE : 18th OCTOBER 2023 ETHAPE DNYANESHWAR ASHOK 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 .... 1

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. .... 2

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.) .... 3