Bombay High CourtCAF/158/2019dismissedrule discharged

Chilo Devi Wd/O Nandu Parahiya And Others v. Union Of India, Through The General Manager, Central Railway, Mumbai

2019-07-23Hon'Ble Shri Justice Z.A. Haq1 pages

1 caf158.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (F) NO. 158/2019 IN FIRST APPEAL NO. 352/2018 (D) Chilo Devi N. Parahiya & 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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.D. Awchat, Advocate for the applicant/appellant(s) CORAM : Z.A.HAQ, J.

DATED : 23/07/2019 While deciding the appeal and directing that the amount of compensation be kept in fixed deposit, this Court granted liberty to the claimants to move application for withdrawal of the amount after three years.

I find that the directions to keep the amount of compensation in fixed deposit were issued keeping in view the fact that two claimants are minors (presently aged about 13 years and 5 years), two claimants are women and one claimant is aged about 60 years.

In the facts of the case, I am not satisfied that the petitioners have made out case for grant of permission to withdraw 50% of the amount of compensation.

The civil application is dismissed.

JUDGE Ansari