Mona Ramesh Ghorpade And ORS v. The Union Of India Through The General Manager South Central Railway Mumbai

915ca7314.24

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 915 CIVIL APPLICATION NO. 7314 OF 2024 IN FAST/14469/2024 MONA RAMESH GHORPADE AND ORS

VERSUS

THE UNION OF INDIA THROUGH THE GENERAL MANAGER SOUTH CENTRAL RAILWAY MUMBAI ...

Advocate for Applicants : Mr. Sarode V.C. and Mr.Syed Moisali Amjedali Advocate for Respondent : Mr. Bagul Rahul Bhagawantrao ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated : 28.03.2025 PER COURT :- 1.

Applicants/Original Claimants in Claim Application bearing OA (IIU)/MCC/0516/2012 have filed present appeal aggrieved by dismissal of claim for compensation by Railway Claims Tribunal.

2.

Claim was instituted regarding death of late Ramesh Ghorpade. There is delay of 1747 days caused in filing present appeal. Applicants pray for allowing application.

3.

Learned Advocate appearing for respondent vehemently opposes application.

4.

Perused reasons as stated in application, it could be observed that award was passed prior to Covid-2019 pandemic. According to applicants they could not obtain necessary documents from Tribunal at Mumbai, since applicant No. 1 Mona Ramesh Chopade was resident of District Jalna. Applicant Nos. 2 and 3 are age old parents of deceased. It is further submitted that applicants were facing economic duress after Covid-2019 pandemic and could not arrange funds for filing appeal. Aforesaid averments in the application are not controverted by respondent by filing affidavit in reply. 5.

Since applicants are litigating for getting just compensation towards

915ca7314.24 death of their bread earner, and considering difficulties they faced, a case is made out to condone delay.

6.

In result application stands allowed in terms of prayer Clause (B), subject to condition that applicants shall not claim interest for delayed period in case appeal is allowed and award is passed in their favour. ( S. G. CHAPALGAONKAR ) JUDGE mahajansb/