Premkumar S/O Dilip Naik v. Union Of India Through General Manager, Central Railway, C. S. T. Mumbai

1 jg.fa 26.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

First Appeal No.

of 20 Premkumar S/o Dilip Naik Aged about 27 yrs, Occ-Nil R/o 129, Warud Sevagram, Dist. Wardha, Pin Code - 442102.

Maharashtra.

.... Appellant .. Versus ..

Union of India Through General Manager Central Railway, C.S.T. Mumbai.

.... Respondent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. K. P. Mirache, Advocate for the appellant Ms Neerja G. Chaubey, Advocate for the respondent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : SMT. M. S. JAWALKAR, J.

DATED : 22 - 07 -202 ORAL JUDGMENT The present appeal is filed by the claimant being aggrieved by the judgment and order passed in Claim Application No. OA-II(u)/NGP/0114/2018 dated 24-10-2019 passed by the Railway Claims Tribunal, Nagpur on the ground that the compensation awarded is inadequate. However, in view of the Railways Act, 1989, the amount is as per the Schedule Part (III), Entry 19 awarded for specific injury and it would depend on the injury suffered to the claimant. In view of the

2 jg.fa 26.2021.odt judgment of Hon'ble Apex Court in the case of Union of India Vs. Rina Devi [AIR 2018 SC 2362], the amount cannot be given along with interest. As such, the prayer made in this petition cannot be granted. 2.

The appellant is hereby permitted to withdraw the amount deposited by the respondent - Union of India along with accrued interest. First appeal accordingly stands dismissed.

JUDGE wasnik YUVRAJ WASNIK