Sumanbai Bhanudas Shinde v. The Chief Divisional Security Commissioner Rpf Mumbai And Others

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3606 OF 2016 SUMANBAI BHANUDAS SHINDE

VERSUS

THE CHIEF DIVISIONAL SECURITY COMMISSIONER RPF MUMBAI AND OTHERS Mr.S.B.Bhosle, Advocate for the petitioner.

Mr.N.T.Bhagat, AGP for respondent/State.

CORAM : S.V.GANGAPURWALA & S.M.GAVHANE,JJ.

DATED :

11.10.2018 P.C. :- 1.

We have heard learned Counsel for the parties. The petitioner seeks directions against respondent No.1 to disburse the amount of compensation as well as other terminal benefits to the petitioner Nos.2 and 3 proportionately.

2.

The son of the petitioner and husband of respondent No.2 died in railway accident. Ex-gratia payment of Rs.10 lacs is sanctioned by respondent No.1. The said amount is sanctioned in favour of respondent

( 2 ) No.2. The petitioner is the mother.

3.

We have heard learned Counsel for the petitioner, learned AGP for respondent No.1 and learned Counsel for respondent Nos. 2 and 3.

4.

Yesterday, we had adjourned the matter so as to enable learned advocate for respondent Nos.2 and 3 to take instructions that from the amount of Rs.10 lacs sanctioned by respondent No.1 as ex-gratia payment, whether an amount of Rs.2 lacs would be paid to the petitioner. Today, learned Counsel for respondent Nos. 2 and 3, on instructions of respondent No.2, submits that the respondents are willing to allow the petitioner an amount of Rs.2 lacs from the amount of Rs. 10 lacs sanctioned as ex-gratia payment by respondent No.1 on account of death of Sachin. According to respondent No.1, other terminal benefits are paid to respondent No.2.

( 3 ) 5.

Considering the aforesaid, from the amount of ex-gratia payment sanctioned by respondent No.1 on account of death of Sachin, Rs.2 lacs shall be paid by respondent No.1 to the petitioner and the remaining amount of Rs.8 lacs be paid to respondent Nos. 2 and 3. 6.

With these observations, the writ petition is disposed of.

[S.M.GAVHANE,J.] [S.V.GANGAPURWALA,J.] /2018/ 18/ snk OCT