Sheelabai Wd/O. Sanjay Maske And Others v. The Union Of India, Thr. General Manager, Central Railway, C.S.T., Mumbai

1 / 2 18.caf377.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 377 OF 2025 IN FIRST APPEAL NO. 467 OF 2019 Sheelabai wd/o Sanjay Maske and Ors.

Vs.

The Union of India, Thru. General Manager, Central Railway, CST, Mumbai ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr. Parimal Kavishwar, Advocate for applicants. Ms. Neerja Chaubey, Advocate for respondent.

CORAM : ROHIT W. JOSHI, J.

DATE : 06.02.2025.

First Appeal No.467/2019 has been allowed by the judgment and order dated 22.08.2024, whereby the respondent is directed to pay compensation to the tune of Rs.8,00,000/- to the appellants. However, the amount is not apportioned, the inter-se between the appellants/original petitioners, as a consequence of which, the appellants are facing difficulties for withdrawal of the amount.

2.

The appellant No.1 is a widow of the deceased, the appellant Nos.2 to 4 are minor children and appellant No.5 is the mother. Since, Prity

2 / 2 18.caf377.2025 they are Class-I legal heirs, it will be appropriate that a sum of Rs.1,60,000/- along with accrued interest is awarded to the mother/appellant No.5 and similarly, Rs.1,60,000/- is awarded to each of the appellant Nos.1 to 4. However, since the appellant Nos.2 to 4 are minor, the amount be transferred to the account of appellant No.1, who is their mother. The amount be transferred along with accrued interest in proportion to the apportionment made above.

3.

The civil application is disposed of.

(ROHIT W. JOSHI, J.) Prity