Aayeshabi Budhan Shah And Others v. The Union Of India, Through General Manager, Central Railway, C.S.T. Mumbai

(1) caf37.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO. 37/2024 IN FIRST APPEAL NO. 1372/2019 (D) Aayeshabi Budhan Shah and Ors. .Vs. Union of India. ------------------------------------------------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ------------------------------------------------------------------------------------------------------------------------------------------------------------------ Mr. P. U. Kavishwar, Advocate for applicant.

Ms. Choube, Advocate for non applicant.

CORAM :

ANIL L. PANSARE, J.

DATE : JANUARY 24, 2024.

The applicant, who is original claimant had filed appeal challenging the order passed by the Railway Claims Tribunal, rejecting the death claim. This Court, in appeal, set aside the order passed by the tribunal and awarded the compensation of Rs.8,00,000/- to the claimants (four in number). One of the claimants, daughter of the deceased, has filed this application seeking permission to withdraw her share viz. an amount of Rs.2,00,000/-.

I am informed that the mother has already withdrawn her share of Rs.2,00,000/-. The other three claimants were minor and, therefore, this Court has directed to invest the amount payable to them in the nationalised bank in the fixed deposit, initially for a period of six years with further renewal till the date of their attaining the age of majority. The applicant has now attained the age of majority. Hence, the present application.

The request appears to be in tune with the order passed by the appellate Court. Hence, granted.

(2) caf37.24 The applicant is permitted to withdraw the amount of her share in terms of judgment dated 25.02.2021 passed in First Appeal No. 1372/2019.

The application is disposed of.

(Anil L. Pansare, J.) kahale