The Union Of India General Manager, Western Railway, Mumbai v. Jaitunbi Aminsab Sheikh And Another

2024:BHC-NAG:1946 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR.

FIRST APPEAL NO. 213 OF 2024 APPELLANT :

The Union of India, General Manager Western Railway, Churchgate, Mumbai.

//VERSUS// RESPONDENTS : 1. Jaitunbi Aminsab Sheikh, Age 61 years, Occ. - Housewife.

2. Yusuf S/o. Shri Aminsab Sheikh, Aged 30 years, Occ. Private.

Both R/o. Gunjegaon, Tah.

Gangakhed, District : Parbhani.

************************************************************** Ms. Neerja Chaubey, Advocate for the Appellant. ************************************************************** CORAM : G. A. SANAP, J .

DATED : 14 th FEBRUARY , 2024.

ORAL

JUDGMENT

.

In this appeal, filed under Section 23 of the Railway Claims Tribunal Act, 1987 (for short, "the Act of 1987"), challenge is to the judgment and order dated 25th April, 2018, passed by the Railway Claims Tribunal, Nagpur Bench, Nagpur, whereby the review application filed by the respondents/claimants was allowed.

-202] Learned advocate for the appellant-Railway submits that the respondents though served in delay condonation application, have failed to appear before this Court. Learned advocate submits that, on merits, the appellant-Railway is not challenging the judgment and order. Learned advocate submits that challenge is to the order whereby the interest was granted on the amount of Rs.4,00,000/- out of compensation of Rs.8,00,000/- awarded pursuant to the amended provisions of the Railway Accidents and Untoward Incidents (Compensation) Rules, 1990, w.e.f. 1st January, 2017 in the Schedule. Learned advocate submitted that this Court may maintain the judgment on merits and modify part of the order whereby interest has been awarded.

03] In order to substantiate this submission, learned advocate has placed reliance on a decision in the case of Union of India Vs. Radha Yadav [(2019) 3 SCC 410]. In this case, the Hon'ble Apex Court has held that in case of an old claim after the notification dated 1st January, 2017, the claimant shall be entitled to get compensation of Rs.8,00,000/- without interest if the compensation provided earlier with interest is less than Rs.8,00,000/-. In my view, the submission is fully supported by the law laid down in the case of Radha Yadav (supra).

-304] Accordingly, the judgment and order awarding the compensation of Rs.8,00,000/- is required to be maintained. However, part of the order awarding interest on a sum of Rs.4,00,000/- from the date of filing of the claim application is required to be set aside. It is, accordingly, set aside. The respondents/claimants are entitled to get compensation of Rs.8,00,000/- (Rupees Eight Lakhs Only) without interest. The order is modified to this extent.

05] The appellant-Railway shall deposit the amount of compensation within three months from today, if it is not already deposited.

06] It is made clear that if the amount is already deposited, then the amount with accrued interest be paid over to the respondents/claimants.

07] The appeal is disposed of in the above terms. No order as to costs. Pending applications, if any, stand disposed of. (G. A. SANAP, J.) Vijay