Smt. Vaishali Wd/O Vijay Pagare And ORS. v. General Manager, Union Of India, Central Railway, Mumbai

16-IA-3242-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3242 OF 2021 WITH FIRST APPEAL STAMP NO.17642 OF 2021 Vaishali Vijay Pagare and Ors.

... Applicants V/s.

General Manager, Union of India, Central Railway, CST, Mumbai ... Respondent Mr. Vasant N. More for the applicants.

Mr. T.J. Pandian for respondent.

CORAM

: AMIT BORKAR, J.

DATED : JANUARY 16, 2023 P.C.:

1.

The application has been filed by the claimant seeking compensation has been rejected by the learned Railway Claims Tribunal Mumbai bench in (IIU)/MCC/2015/0535. The applicant has stated on oath that the applicants are poor and illiterate. Because of mental stress due to death of husband of applicant No.1 and father of minor daughters, the applicant No.1 was facing destitution and starvation.

2.

Considering the said reasons delay of 710 days in filing the first appeal is condoned.

3.

No costs.

16-IA-3242-2021.doc FIRST APPEAL STAMP NO.17642 OF 2021 4.

Admit.

5.

List this First Appeal for "Hearing and Final Disposal" on the board commencing from 27th February, 2023.

6.

The appellant shall file private paper book and serve copy on the learned advocate for respondent No.1.

7.

The appellant is permitted to file oral evidence and other relevant documents, the same shall be done within a period of Four (4) Weeks from today.

(AMIT BORKAR, J.)